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Document 62010TJ0172

    Judgment of the General Court (First Chamber) of 9 March 2012.
    Colas v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for the Community figurative mark BASE-SEAL - Earlier national figurative marks representing a diamond shape - Earlier national and international figurative marks COLAS - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009.
    Case T-172/10.

    Court reports – general – 'Information on unpublished decisions' section

    ECLI identifier: ECLI:EU:T:2012:119





    Judgment of the General Court (First Chamber) of 9 March 2012 — Colas v OHIM – García-Teresa Gárate and Bouffard Vicente (BASE‑SEAL)

    (Case T-172/10)

    Community trade mark — Opposition proceedings — Application for the Community figurative mark BASE-SEAL — Earlier national figurative marks representing a diamond shape — Earlier national and international figurative marks COLAS — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009

    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 207/2009, Art. 8(1)(b)) (see paras 39-42, 59-63)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2010 (Case R 450/2009-4), relating to opposition proceedings between, on the one hand, Colas and, on the other hand, Ms Rosario García-Teresa Gárate and Ms Carmen Bouffard Vicente.

    Operative part

    The Court:

    1.

    Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 February 2010 (Case R 450/2009-4) in respect of goods other than the chemicals used in science, photography, agriculture, horticulture and forestry; manures; and chemical substances for preserving foodstuffs referred to in that decision;

    2.

    Orders OHIM to pay the costs.

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