Judgment of the Court of First Instance (Second Chamber) of 16 December 2008 – Torres v OHIM – Navisa Industrial Vinícola Española (MANSO DE VELASCO)

(Case T-259/06)

Community trade mark – Opposition proceedings – Application for the Community word mark MANSO DE VELASCO – Earlier national word mark VELASCO – 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 – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 27, 73)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 June 2006 (Case R 865/2005-1) relating to opposition proceedings between Navisa Industrial Vinícola Española, SA and Miguel Torres, SA.

Information relating to the case

Applicant for the Community trade mark:	Miguel Torres, SA
Community trade mark sought:	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 application dismissed
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.