8.4.2006 |
EN |
Official Journal of the European Union |
C 86/26 |
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. |
Dismisses the action. |
2. |
Orders the applicant to pay the costs. |