Community trade mark Opposition proceedings Likelihood of confusion Application for figurative Community trade mark Torre Muga Earlier national and international word marks TORRES Breach of the rights of the defence
Sumário
Judgment of the Court of First Instance (Second Chamber) of 11 July 2006.
Miguel Torres SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for figurative Community trade mark Torre Muga - Earlier national and international word marks TORRES - Likelihood of confusion - Breach of the rights of the defence.
Case T-247/03.
Texto da decisão
Judgment of the Court of First Instance (Second Chamber) of 11 July 2006 –Torres v OHIM – Bodegas Muga (Torre Muga)
(Case T-247/03)
Community trade mark – Opposition proceedings – Application for figurative Community trade mark Torre Muga – Earlier national and international word marks TORRES – Likelihood of confusion – Breach of the rights of the defence
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. 71)
Re:
| ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 April 2003 (Case R 998/2001‑1) concerning opposition proceedings between Miguel Torres, SA, and Bodegas Muga, SA. |
Information relating to the case
|
Applicant for the Community trade mark: |
Bodega Muga, SA |
|
Community trade mark sought: |
Figurative mark Torre Muga (Application No 791.004, for goods in Class 33) |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Miguel Torres, SA |
|
Mark or sign cited in opposition: |
TORRES (an international mark, a Danish mark, a German mark, three Spanish marks and two United Kingdom marks) for goods in Class 33 |
|
Decision of the Opposition Division: |
Rejection of the opposition |
|
Decision of the Board of Appeal: |
Rejection of the appeal |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |
|
3. |
Orders the intervener to bear its own costs. |