Community trade mark Relative ground for refusal No likelihood of confusion Opposition procedure Application for Community word mark TORRE DE BENÍTEZ Earlier national, Community and international word and figurative marks evoking a number of towers
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 BENÍTEZ - Earlier national, Community and international word and figurative marks evoking a number of towers - Relative ground for refusal - No likelihood of confusion.
Case T-16/07.
Texto da decisão
Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Sociedad Cooperativa del Campo San Ginés (TORRE DE BENÍTEZ)
(Case T-16/07)
Community trade mark – Opposition procedure – Application for Community word mark TORRE DE BENÍTEZ – Earlier national, Community and international word and figurative marks evoking a number of towers – 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 46, 73)
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 6 November 2006 (Case R 36/2006-2) relating to opposition proceedings between Miguel Torres, SA and Sociedad Cooperativa del Campo San Ginés. |
Information relating to the case
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Applicant for the Community trade mark: |
Sociedad Cooperativa del Campo San Ginés |
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Community trade mark sought: |
Word mark TORRE DE BENÍTEZ for goods in Class 33 – Application No 2438018 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Miguel Torres, SA |
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Mark or sign cited in opposition: |
International and national word mark Torres for goods in Class 33, and various other Community, national and international marks |
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Decision of the Opposition Division: |
Opposition dismissed |
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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. |