Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for figurative Community trade mark Castell del Remei ODA Earlier international word mark RODA and earlier national trade marks RODA, RODA I, RODA II and BODEGAS RODA
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 14 November 2007.
Castell del Remei SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for figurative Community trade mark Castell del Remei ODA - Earlier international word mark RODA and earlier national trade marks RODA, RODA I, RODA II and BODEGAS RODA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-101/06.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 14 November 2007 – Castell del Remei v OHIM – Bodegas Roda (Castell del Remei ODA)
(Case T-101/06)
Community trade mark – Opposition proceedings – Application for figurative Community trade mark Castell del Remei ODA – Earlier international word mark RODA and earlier national trade marks RODA, RODA I, RODA II and BODEGAS RODA – 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 paras 71-72, 82)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Case R 263/2005-1) relating to opposition proceedings between Bodegas Roda SA and Castell del Remei SL. |
Information relating to the case
|
Applicant for the Community trade mark: |
Castell del Remei, SL |
|
Community trade mark sought: |
Figurative mark Castell del Remei ODA for goods in Classes 29, 30 and 33 – Application No 2325256 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Bodegas Roda, SA |
|
Mark or sign cited in opposition: |
International word mark RODA, Spanish word marks RODA (No 1757553), RODA I (No 2006616), RODA II (No 2006615) and BODEGAS RODA (No 137050), concerning goods in Class 33, and trade name BODEGAS RODA, SA for the wine trade |
|
Decision of the Opposition Division: |
Opposition upheld and application for registration dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the applicant to pay the costs. |