Action brought on 12 April 2010 - Grupo Osborne v OHIM - Confecciones Sanfertús (TORO)

(Case T-165/10)

Language in which the application was lodged: Spanish

Parties

Applicant: Grupo Osborne (El Puerto de Santa María, Spain) (represented by: J. Iglesias Monravá, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Confecciones Sanfertús, SL (Graus, Spain)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) in Case R 0638/2009 2;

Uphold the registration of the Community trade mark No 2 844 264 in Class 25, and

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Grupo Osborne.

Community trade mark concerned: Word mark 'TORO' (registration application No 2 844 264) for goods and services in Classes 18, 25 and 39.

Proprietor of the mark or sign cited in the opposition proceedings: Confecciones Sanfertús, S.L.

Mark or sign cited in opposition: Spanish word mark 'LETORO' (No 465 635) for goods in Classes 24 and 25 and Spanish figurative marks containing the word 'TORO' (No 802 043 and No 1 513 622) for goods in Class 25.

Decision of the Opposition Division: Opposition upheld and application for registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark; the fact that there is a previous ruling by the Opposition Division which decides on the compatibility of the marks 'TORO' and 'LETORO'; and the fact that the evidence of use presented does not prove the use of the Spanish marks 'LETORO' (word) and 'TORO' (figurative).

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