Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Gala-Salvador Dalí (TG Torre Galatea)
(Case T-8/07)
Community trade mark – Opposition procedure – Application for Community figurative mark TG Torre Galatea – Earlier Community word mark TORRES 10 – Relative ground for refusal – 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 40/94, Art. 8(1)(b)) (see paras 43, 71)
Re:
ACTION brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 October 2006 (Case R 168/2006-2) relating to opposition proceedings between Miguel Torres, SA and Fundacion Gala-Salvador Dalí.
Information relating to the case
Applicant for the Community trade mark:
Fundación Gala-Salvador Dalí
Community trade mark sought:
Figurative mark TG Torre Galatea for goods in Class 33 – Application No 2730513
Proprietor of the mark or sign cited in the opposition proceedings:
Miguel Torres, SA
Mark or sign cited in opposition:
Community word mark TORRES 10 for goods in Class 33 (Application No 466896), and various other Community, national and international marks
Decision of the Opposition Division:
Opposition upheld and application for registration of the mark refused
Decision of the Board of Appeal:
Appeal allowed, contested decision set aside and opposition dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Miguel Torres, SA to pay the costs.
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