Judgment of the Court of First Instance (Second Chamber) of 11 July 2006 –Torres v OHIM – Bodegas Muga (Torre Muga)
(Case T-247/03)
Community trade mark – Opposition proceedings – Application for figurative Community trade mark Torre Muga – Earlier national and international word marks TORRES – Likelihood of confusion – Breach of the rights of the defence
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 (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 71)
Re:
| ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 April 2003 (Case R998/2001‑1) concerning opposition proceedings between Miguel Torres, SA, and Bodegas Muga, SA. |
Information relating to the case
Applicant for the Community trade mark: | Bodega Muga, SA |
Community trade mark sought: | Figurative mark Torre Muga (Application No 791.004, for goods in Class 33) |
Proprietor of the mark or sign cited in the opposition proceedings: | Miguel Torres, SA |
Mark or sign cited in opposition: | TORRES (an international mark, a Danish mark, a German mark, three Spanish marks and two United Kingdom marks) for goods in Class 33 |
Decision of the Opposition Division: | Rejection of the opposition |
Decision of the Board of Appeal: | Rejection of the appeal |
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) (OHIM); |
3. |
| Orders the intervener to bear its own costs. |