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Case T-243/06: Judgment of the Court of First Instance of 10 September 2008 — Promat v OHIM — Puertas Proma (PROMAT) (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)
ECLI:EU:UNKNOWN:62006TA0243
62006TA0243
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25.10.2008
Official Journal of the European Union
C 272/21
(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)
(2008/C 272/39)
Language of the case: German
Parties
Applicant: Promat GmbH (Ratingen, Germany) (represented by: J.Krenzel and S.Beckmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G.Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Puertas Proma SAL (Villacañas, Spain).
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.
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders Promat GmbH to pay the costs.
* * *
(1) OJ C 310, 16.12.2006.