Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Sociedad Cooperativa del Campo San Ginés (TORRE DE BENÍTEZ)
(Case T-16/07)
Community trade mark – Opposition procedure – Application for Community word mark TORRE DE BENÍTEZ – Earlier national, Community and international word and figurative marks evoking a number of towers – 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 46, 73)
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 6 November 2006 (Case R 36/2006-2) relating to opposition proceedings between Miguel Torres, SA and Sociedad Cooperativa del Campo San Ginés. |
Information relating to the case
Applicant for the Community trade mark: | Sociedad Cooperativa del Campo San Ginés |
Community trade mark sought: | Word mark TORRE DE BENÍTEZ for goods in Class 33 – Application No 2438018 |
Proprietor of the mark or sign cited in the opposition proceedings: | Miguel Torres, SA |
Mark or sign cited in opposition: | International and national word mark Torres for goods in Class 33, and various other Community, national and international marks |
Decision of the Opposition Division: | Opposition dismissed |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders Miguel Torres, SA to pay the costs. |