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
Applicant for the Community trade mark: | Fundación Gala-Salvador Dalí |
Community trade mark sought: | Figurative mark TG Torre Galatea for goods in Class 33 – Application No 2730513 |
Proprietor of the mark or sign cited in the opposition proceedings: | Miguel Torres, SA |
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 |
Decision of the Opposition Division: | Opposition upheld and application for registration of the mark refused |
Decision of the Board of Appeal: | Appeal allowed, contested decision set aside and opposition dismissed |
Operative part
The Court:
2. | | Orders Miguel Torres, SA to pay the costs. |