Action brought on 20 September 2006 - Torres v OHIM - Navisa Industrial Vinícola Española (MANSO DE VELASCO)
(Case T-259/06)
Language in which the application was lodged: Spanish
Parties
Applicant: Miguel Torres SA (Barcelona, Spain) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Navisa Industrial Vinícola Española SA
Form of order sought
annul the decision of the First Board of Appeal of OHIM of 29 June 2006 in Case R-865/2005-1;
order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Miguel Torres SA
Community trade mark concerned: Word mark MANSO DE VELASCO for goods in Class 33 - application No 2261527
Proprietor of the mark or sign cited in the opposition proceedings: Navisa Industrial Vinícola Española SA
Mark or sign cited in opposition: Spanish word mark VELASCO for goods in Class 33
Decision of the Opposition Division: Opposition upheld and refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94
1 given that there is no likelihood of confusion between the conflicting signs making them incompatible.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11 of 14.1.1994, p. 1).