Community trade mark Relative ground for refusal No likelihood of confusion Opposition procedure Application for Community word mark TORRE DE GAZATE Earlier national and international word marks TORRES and LAS TORRES
Sumário
Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008.
Miguel Torres, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition procedure - Application for Community word mark TORRE DE GAZATE - Earlier national and international word marks TORRES and LAS TORRES - Relative ground for refusal - No likelihood of confusion.
Case T-286/06.
Texto da decisão
Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Vinícola de Tomelloso (TORRE DE GAZATE)
(Case T-286/06)
Community trade mark – Opposition procedure – Application for Community word mark TORRE DE GAZATE – Earlier national and international word marks TORRES and LAS TORRES – Relative ground for refusal – No likelihood of confusion
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 42, 69)
Re:
| ACTION brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 July 2006 (Case R 421/2004-2) relating to opposition proceedings between Miguel Torres, SA and Vinícola de Tomelloso, SCL. |
Information relating to the case
|
Applicant for the Community trade mark: |
Vinícola de Tomelloso, SCL |
|
Community trade mark sought: |
Word mark TORRE DE GAZATE, for goods in Class 33 – Application No 1632017 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Miguel Torres, SA |
|
Mark or sign cited in opposition: |
International and national word mark TORRES and international word mark LAS TORRES, for goods in Class 33 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Miguel Torres, SA to pay the costs. |