Judgment of the Court of First Instance of 1 February 2006 — Rodrigues Carvalhais v OHIM

(Case T-206/04) (1)

(Community trade mark - Opposition proceedings - Figurative mark containing the verbal element ‘PERFIX’ - Earlier Community figurative trade mark containing the verbal element ‘cerfix’ - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 86/50)

Language of the case: Portuguese

Parties

Applicant: Fernando Rodrigues Carvalhais (Almada, Portugal) (represented by: P. Graça initially, then J. Lopes, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Profilpas Snc (Cadoneghe, Italy) (represented by: J.L. Revenga Santos initially, then J.M. Monravá, lawyers)

Action

brought against the decision of the First Board of Appeal of OHIM of 18 March 2004 (Case R 408/2003-1), concerning opposition proceedings between M. Fernando Rodrigues Carvalhais and Profilpas Snc

Operative part of the judgment

The Court:

(1)  OJ C 217 of 28.8.2004.