Community trade mark Opposition proceedings Relative ground for refusal No likelihood of confusion Absence of similarity between the goods Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE Earlier national word mark MONTEBELLO Article 8(1)(b) of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 29 April 2009.
Bodegas Montebello, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE - Earlier national word mark MONTEBELLO - Relative ground for refusal - No likelihood of confusion - Absence of similarity between the goods - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-430/07.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 29 April 2009 – Bodegas Montebello v OHIM – Montebello (MONTEBELLO RHUM AGRICOLE)
(Case T-430/07)
Community trade mark – Opposition proceedings – Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE – Earlier national word mark MONTEBELLO – Relative ground for refusal – No likelihood of confusion – Absence of similarity between the goods – Article 8(1)(b) of Regulation (EC) No 40/94
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 34, 36, 39)
2. Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Partial use (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 42-43)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 September 2007 (Case R 223/2007-2), relating to opposition proceedings between Bodegas Montebello, SA and Montebello SARL. |
Information relating to the case
|
Applicant for the Community trade mark: |
Montebello SARL |
|
Community trade mark sought: |
Figurative mark MONTEBELLO RHUM AGRICOLE for goods in Class 33 – Application No 2666386 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Bodegas Montebello, SA |
|
Mark or sign cited in opposition: |
Spanish word mark MONTEBELLO for goods in Class 33 – Application No 1148196 |
|
Decision of the Opposition Division: |
Opposition upheld |
|
Decision of the Board of Appeal: |
Appeal allowed, Decision of the Opposition Division annulled. |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Bodegas Montebello, SA to pay the costs. |