(Case T-130/08)

Community trade mark – Opposition proceedings – Application for Community figurative mark VENATTO MARBLE STONE – Earlier national figurative marks VENETO CERÁMICAS – Relative ground for refusal – Likelihood of confusion – 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 with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 17, 51-53)

Re:

ACTION brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 30 January 2008 (Case R 1609/2006-4) relating to opposition proceedings between Ceramicalcora, SA and Gres La Sagra, SL.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark VENATTO MARBLE STONE for goods and services in Classes 19, 21, 39 and 40 – Application No 3109006

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

Ceramicalcora, SA

Mark or sign cited in opposition:

Spanish trade marks including the sign VENETO CÉRAMICAS Nos 2115543, 2056688, 2056689 and 2056699 for goods and services in Classes 27, 19, 21 and 39 respectively

Decision of the Opposition Division:

Opposition upheld in part. The Opposition Division held that there was a likelihood of confusion in the relevant territory for the goods and services at issue in Classes 19, 21 and 40, but that there was no such likelihood of confusion in relation to those services at issue in Class 39

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Gres La Sagra, SL to pay the costs.