Community trade mark Relative ground for refusal No likelihood of confusion Opposition procedure Application for Community figurative mark TG Torre Galatea Earlier Community word mark TORRES 10
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 figurative mark TG Torre Galatea - Earlier Community word mark TORRES 10 - Relative ground for refusal - No likelihood of confusion.
Case T-8/07.
Texto da decisão
Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Gala-Salvador Dalí (TG Torre Galatea)
(Case T-8/07)
Community trade mark – Opposition procedure – Application for Community figurative mark TG Torre Galatea – Earlier Community word mark TORRES 10 – 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 43, 71)
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 24 October 2006 (Case R 168/2006-2) relating to opposition proceedings between Miguel Torres, SA and Fundacion Gala-Salvador Dalí. |
Information relating to the case
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Applicant for the Community trade mark: |
Fundación Gala-Salvador Dalí |
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Community trade mark sought: |
Figurative mark TG Torre Galatea for goods in Class 33 – Application No 2730513 |
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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: |
Community word mark TORRES 10 for goods in Class 33 (Application No 466896), and various other Community, national and international marks |
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Decision of the Opposition Division: |
Opposition upheld and application for registration of the mark refused |
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Decision of the Board of Appeal: |
Appeal allowed, contested decision set aside and opposition dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Miguel Torres, SA to pay the costs. |