Community trade mark Opposition proceedings Relative ground for refusal Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Likelihood of confusion Application for the Community word mark ALFONSO Earlier Community and national word marks PRINCIPE ALFONSO Scope of the examination to be carried out by the Board of Appeal Obligation to rule on the entirety of the action Article 62(1) of Regulation No 40/94 (now Article 64(1) of Regulation No 207/2009)
Sumário
Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009.
Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark ALFONSO - Earlier Community and national word marks PRINCIPE ALFONSO - 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) - Scope of the examination to be carried out by the Board of Appeal - Obligation to rule on the entirety of the action - Article 62(1) of Regulation No 40/94 (now Article 64(1) of Regulation No 207/2009).
Case T-291/07.
Texto da decisão
Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Viñedos y Bodegas Príncipe Alfonso de Hohenlohe v OHIM – Byass (ALFONSO)
(Case T-291/07)
Community trade mark – Opposition proceedings – Application for the Community word mark ALFONSO – Earlier Community and national word marks PRINCIPE ALFONSO – 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) – Scope of the examination to be carried out by the Board of Appeal – Obligation to rule on the entirety of the action – Article 62(1) of Regulation No 40/94 (now Article 64(1) of Regulation No 207/2009)
1. 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 28-30, 53-61)
2. Community trade mark – Appeals procedure – Decision on the appeal – Obligation of the Board of Appeal – Scope – Appeal not ruled upon in its entirety (Council Regulation No 40/94, Art. 62(1)) (see para. 62)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1110/2006-2) relating to opposition proceedings between Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA and González Byass, SA. |
Information relating to the case
|
Applicant for the Community trade mark: |
González Byass, SA |
|
Community trade mark sought: |
Word mark ALFONSO for goods in Classes 30, 32 and 33 – Application No 3398278 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA |
|
Mark or sign cited in opposition: |
Community and national word marks PRÍNCIPE ALFONSO for goods in Class 33 |
|
Decision of the Opposition Division: |
Opposition in relation to ‘sherries’ (Class 33) upheld and application for registration for those goods refused |
|
Decision of the Board of Appeal: |
Appeal upheld |
Operative part
The Court:
|
1. |
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 29 May 2007 (Case R 1110/2006-2); |
|
2. |
Orders OHIM to pay the costs. |