Judgment of the Court of First Instance of 12 September 2007 - Koipe v OHIM - Aceites del Sur (La Espoñola)
(Community trade mark − Application for Community figurative mark 'La Española' − Opposition by the proprietor of the national and Community figurative marks 'Carbonell' − Rejection of the opposition − Dominant elements − Similarity − Likelihood of confusion − Power to alter decisions)
Language of the case: Spanish
Parties
Applicant: Koipe Corporación SL (San Sebastián, Spain) (represented by: M. Fernández de Béthencourt, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Aceites del Sur SA (Seville, Spain) (represented by: C.L. Fernández-Palacios and R. Jiménez Díaz, lawyers)
Re:
Action against the decision of the Fourth Board of Appeal of OHIM of 11 May 2004 (R 1109/2000-4) relating to opposition proceedings between Koipe Corporación SL and Aceites del Sur SA
Operative part of the judgment
The Court:
1. Alters the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 May 2004 (Case R 1109/2000-4) so as to hold that the appeal brought by the applicant before the Board of Appeal is well founded and, consequently, that the opposition is to be upheld.
2. Orders OHIM and the intervener to pay the costs.
____________1 - OJ C 284, 20.11.2004.