Judgment of the Court of First Instance (Third Chamber) of 4 October 2006 – Monte di Massima v OHIM – Höfferle Internationale (Valle della Luna)

(Case T-96/05)

Community trade mark – Opposition procedure – Application for figurative Community trade mark Valle della Luna – Earlier national figurative mark VALLE DE LA LUNA – Proof of use of the earlier mark – Article 15(2)(a), and Article 43(2) and (3) of Regulation (EC) No 40/94

Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Arts 15(1) and 43(2) and (3)) (see paras 26-27)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 24 November 2004 (Case R 269/2004-1), concerning opposition proceedings between Monte di Massima SAS di Pruneddu Leonardo & C. and J.M. Höfferle Internationale Handelsgesellschaft mbH.

Information relating to the case

Applicant for the Community trade mark:	Monte di Massima SAS di Pruneddu Leonardo & C.
Community trade mark sought:	Figurative mark Valle della Luna for goods in Class 32 – Application No 2029726
Proprietor of the mark or sign cited in the opposition proceedings:	J.M. Höfferle Internationale Handelsgesellschaft mbH
Mark or sign cited in opposition:	German nominative mark VALLE DE LA LUNA for goods in Class 33
Decision of the Opposition Division:	Opposition dismissed
Decision of the Board of Appeal:	Appeal allowed

Operative part

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by the intervener.