Community trade mark Opposition procedure Proof of use of the earlier mark Application for figurative Community trade mark Valle della Luna Earlier national figurative mark VALLE DE LA LUNA Article 15(2)(a), and Article 43(2) and (3) of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Third Chamber) of 4 October 2006.
Monte di Massima SAS di Pruneddu Leonardo & C. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition procedure - Application for figurative Community trade mark Valle della Luna - Earlier national figurative mark VALLE DE LA LUNA - Proof of use of the earlier mark - Article 15(2)(a), and Article 43(2) and (3) of Regulation (EC) No 40/94.
Case T-96/05.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 4 October 2006 – Monte di Massima v OHIM – Höfferle Internationale (Valle della Luna)
(Case T-96/05)
Community trade mark – Opposition procedure – Application for figurative Community trade mark Valle della Luna – Earlier national figurative mark VALLE DE LA LUNA – Proof of use of the earlier mark – Article 15(2)(a), and Article 43(2) and (3) of Regulation (EC) No 40/94
Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Arts 15(1) and 43(2) and (3)) (see paras 26-27)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 24 November 2004 (Case R 269/2004-1), concerning opposition proceedings between Monte di Massima SAS di Pruneddu Leonardo & C. and J.M. Höfferle Internationale Handelsgesellschaft mbH. |
Information relating to the case
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Applicant for the Community trade mark: |
Monte di Massima SAS di Pruneddu Leonardo & C. |
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Community trade mark sought: |
Figurative mark Valle della Luna for goods in Class 32 – Application No 2029726 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
J.M. Höfferle Internationale Handelsgesellschaft mbH |
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Mark or sign cited in opposition: |
German nominative mark VALLE DE LA LUNA for goods in Class 33 |
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Decision of the Opposition Division: |
Opposition dismissed |
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Decision of the Board of Appeal: |
Appeal allowed |
Operative part
The Court:
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Dismisses the action; |
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Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by the intervener. |