Action brought on 16 January 2007 - Miguel Torres, S.L. v OHIM

(Case T -17/07)

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Torres, S.L. (Barcelona, Spain) (represented by: E. Armijo Chávarri, M. Baz de San Cerefino, A. Castán Pérez-Goméz, 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: Bodegas Navarro López, S.L

Form of order sought

The annulment of the decision of the 1st Board of Appeal of OHIM of 26 September 2006 issued in case no R1407/2005-1 with costs awarded against OHIM

Pleas in law and main arguments

Applicant for a Community trade mark: Bodegas Navarro Lopéz, S.L.

Community trade mark concerned: Word mark 'CITA DEL SOL' for products and services within classes 33 and 39 (application No. 2.712.982)

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

Mark or sign cited in opposition: Community word mark 'VIÑA SOL' (mark no 462.523) and national word marks 'VIÑA SOL' for products within class 33, label 'TORRES VIÑA SOL' for products within class 33, national word mark 'SOL' for products within class 33.

Decision of the Opposition Division: Rejection of objection

Decision of the Board of Appeal: Rejection of appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94¹given that there is a likelihood of confusion between the marks at issue.

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