ECLI:EU:T:2008:336

Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Promat v OHIM – Puertas Proma (Promat) (Case T-300/06) Community trade mark – Opposition procedure – Application for Community figurative mark PROMAT – Earlier Community figurative mark PROMA – 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. 52) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 4 May 2006 (Case R 1058/2005-1) 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: Word mark Promat relating to goods and services in Classes 1, 2, 6, 17, 19, 20 and 42 – Application No 803825 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 – Application 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.