Action brought on 16 July 2007 -Torres v OHIM - Vinícola de Tomelloso (TORREGAZATE)

(Case T-273/07)

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Torres, SA (Barcelona, Spain) (represented by: E. Armijo Chávarri, M. Baz de San Ceferino and 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: Vinícola de Tomelloso S.C.L.

Form of order sought

annul the decision of the Second Board of Appeal of the OHIM of 2 May 2007 in case No R 610/2006-2 and order the OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Vinícola de Tomelloso S.C.L.

Community trade mark concerned: the word mark 'TORREGAZATE' (application No 3.134.665) for products in class 33 (wines, spirits and liqueurs).

Proprietor of the mark or sign cited in the opposition proceedings: the applicant.

Mark or sign cited in opposition: the various national word marks 'TORRES' for products in class 33 and other Community, international and national word and figurative marks which consist of or include the term 'TORRES' and cover the same products as the former.

Decision of the Opposition Division: opposition dismissed.

Decision of the Board of Appeal: appeal dismissed.

Pleas in law: incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.

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