Judgments (Information) nº T-206/04 of Court of First Instance of the European Communities, February 01, 2006

• Resolution Date: February 01, 2006
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-206/04

Judgment of the Court of First Instance (Fourth Chamber) of 1 February 2006 − Rodrigues Carvalhais v OHIM

(Case T-206/04)

Community trade mark – Opposition proceedings – Figurative mark containing the word element ‘PERFIX’ – Earlier Community figurative trade mark containing the word element ‘cerfix’ – 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 33) Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 18 March 2004 (Case R 408/2003-1), concerning opposition proceedings between Fernando Rodrigues Carvalhais and Profilpas Snc

Information relating to the case:

Applicant for the Community trade mark:

Fernando Rodrigues Carvalhais

Community trade mark sought:

Figurative mark ‘PERFIX’ – Application No 1635515, for goods in Classes 6 (Sections of metal and accessories therefor), 17 (Sections of plastics and accessories therefor, gaskets and linings of plastics) and 19 (Building materials, not of metal, linings and seals for ceramics, linings and seals for marble, linings and seals for cladding in general (not included in other classes))

Proprietor of the mark or...