(Case T-71/08)

Community trade mark – Opposition proceedings – Application for Community figurative mark PROSIMA PROSIMA COMERCIAL S.A. – Earlier national word mark PROMINA – Relative ground for refusal – Likelihood of confusion – Absence of similarity between the goods – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 (Council Regulation No 40/94 Art. 8(1)(b)) (see paras 21, 39, 42)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 November 2007 (Case R 574/2007‑2) relating to opposition proceedings between Promat GmbH and Prosima Comercial, SA.

Information relating to the case

Applicant for the Community trade mark:

Prosima Comercial, SA

Community trade mark sought:

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition:

Word mark PROMINA for goods and services in Class 7 – German trade mark No 847011

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

Dismisses the action;

Orders Promat GmbH to pay the costs.