Action brought on 17 January 2007 - Torres v OHIM

(Case T -16/07)

Language in which the application was lodged: Spanish

Parties

Applicant: Torres (Barcelona, Spain) (represented by: E. Armijo Chávarri, M. Baz de San Ceferino, 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: Sociedad Cooperativa del Campo San Ginés

Form of order sought

The annulment of the decision of 6 November 2006 of the 2nd Board of Appeal of OHIM issued in case R36/2006-2 with costs awarded against OHIM

Pleas in law and main arguments

Applicant for a Community trade mark: Sociedad Cooperativa del Campo San Ginés

Community trade mark concerned: Word mark 'TORRE DE BENITEZ' for products in class 33 (application No. 2.438.018)

Proprietor of the mark or sign cited in the opposition proceedings: Applicant

Mark or sign cited in opposition: International or national trade marks under the word mark 'Torres' for products in class 33, numerous other Community, international and national trade marks

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) 40/94¹ given that there is a likelihood of confusion between the trade marks at issue

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark