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Judgment of the General Court (First Chamber) of 9 March 2012. # Colas v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark BASE-SEAL - Earlier national figurative marks representing a diamond shape - Earlier national and international figurative marks COLAS - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-172/10.
ECLI:EU:T:2012:119
62010TJ0172
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(Case T-172/10)
Community trade mark — Opposition proceedings — Application for the Community figurative mark BASE-SEAL — Earlier national figurative marks representing a diamond shape — Earlier national and international figurative marks COLAS — Relative ground for refusal — Similarity of the signs — 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 with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 39-42, 59-63)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2010 (Case R 450/2009-4), relating to opposition proceedings between, on the one hand, Colas and, on the other hand, Ms Rosario García-Teresa Gárate and Ms Carmen Bouffard Vicente.
Operative part
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 February 2010 (Case R 450/2009-4) in respect of goods other than the chemicals used in science, photography, agriculture, horticulture and forestry; manures; and chemical substances for preserving foodstuffs referred to in that decision;
2.Orders OHIM to pay the costs.