Judgment of the General Court (Sixth Chamber) of 24 May 2012— Grupo Osborne v OHIM— Industria Licorera Quezalteca (TORO XL)
(Case T‑169/10)
Community trade mark— Opposition proceedings— Application for Community word mark TORO XL— Early Community figurative mark XL— Relative ground for refusal— Article8(1)(b) of Regulation No207/2009— 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 207/2009, Art.8(1)(b)) (see paras20, 56‑58)
Re:
| ACTION brought against the decision of the second Board of Appeal of OHIM of 22January 2010 (CaseR223/2009-2) concerning opposition proceedings between Industria Licorera Quezalteca, SA and Grupo Osborne, SA. |
Operative part
The Court:
1. |
| Annuls the decision of the second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22January 2010 (CaseR223/2009‑2); |
2. |
| Orders OHIM to pay the costs. |