Judgment of the Court of First Instance (Third Chamber) of 4 October 2006 – Monte di Massima v OHIM – Höfferle Internationale (Valle della Luna)
(Case T-96/05)
Community trade mark – Opposition procedure – Application for figurative Community trade mark Valle della Luna – Earlier national figurative mark VALLE DE LA LUNA – Proof of use of the earlier mark – Article 15(2)(a), and Article 43(2) and (3) of Regulation (EC) No 40/94
Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Arts 15(1) and 43(2) and (3)) (see paras 26-27)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 24 November 2004 (Case R 269/2004-1), concerning opposition proceedings between Monte di Massima SAS di Pruneddu Leonardo & C. and J.M. Höfferle Internationale Handelsgesellschaft mbH. |
Information relating to the case
Applicant for the Community trade mark: | Monte di Massima SAS di Pruneddu Leonardo & C. |
Community trade mark sought: | Figurative mark Valle della Luna for goods in Class 32 – Application No 2029726 |
Proprietor of the mark or sign cited in the opposition proceedings: | J.M. Höfferle Internationale Handelsgesellschaft mbH |
Mark or sign cited in opposition: | German nominative mark VALLE DE LA LUNA for goods in Class 33 |
Decision of the Opposition Division: | Opposition dismissed |
Decision of the Board of Appeal: | Appeal allowed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by the intervener. |