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Document 62006TJ0243

    Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008.
    Promat GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition procedure - Application for Community figurative mark PROMAT - Earlier Community figurative mark PROMA - Partial refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94).
    Case T-243/06.

    European Court Reports 2008 II-00167*

    ECLI identifier: ECLI:EU:T:2008:333





    Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Promat v OHIM – Puertas Proma (PROMAT)

    (Case T-243/06)

    Community trade mark – Opposition procedure – Application for Community figurative mark PROMAT – Earlier Community figurative mark PROMA – Partial refusal to register – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94)

    Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 54)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 4 May 2006 (Case R 1059/2005-1) concerning opposition proceedings between Puertas Proma SAL and Promat GmbH.

    Information relating to the case

    Applicant for the Community trade mark:

    Promat GmbH

    Community trade mark sought:

    Figurative mark PROMAT relating to goods and services in Classes 1, 3, 6 to 12, 14, 16, 17, 20 to 22, 25 and 37 – Application No 932202

    Proprietor of the mark or sign cited in the opposition proceedings:

    Puertas Proma, SAL

    Mark or sign cited in opposition:

    In particular, figurative mark PROMA designating goods and services in Classes 6, 20 and 39 (Community mark No 239384)

    Decision of the Opposition Division:

    Opposition upheld

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Promat GmbH to pay the costs.

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