Judgment of the Court of First Instance (Second Chamber) of 16 December 2008 – Torres v OHIM – Navisa Industrial Vinícola Española (MANSO DE VELASCO)
(Case T-259/06)
Community trade mark – Opposition proceedings – Application for the Community word mark MANSO DE VELASCO – Earlier national word mark VELASCO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
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 40/94, Art. 8(1)(b)) (see paras 27, 73)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 29 June 2006 (Case R 865/2005-1) relating to opposition proceedings between Navisa Industrial Vinícola Española, SA and Miguel Torres, SA.
Information relating to the case
Applicant for the Community trade mark:
Miguel Torres, SA
Community trade mark sought:
Word mark MANSO DE VELASCO for goods in Class 33 — Application No 2261527
Proprietor of the mark or sign cited in the opposition proceedings:
Navisa Industrial Vinícola Española, SA
Mark or sign cited in opposition:
Spanish word mark VELASCO for goods in Class 33
Decision of the Opposition Division:
Opposition upheld and application dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Miguel Torres SA to pay the costs.
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