(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:

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.