Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Sociedad Cooperativa del Campo San Ginés (TORRE DE BENÍTEZ)
(Case T-16/07)
Community trade mark – Opposition procedure – Application for Community word mark TORRE DE BENÍTEZ – Earlier national, Community and international word and figurative marks evoking a number of towers – 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 46, 73)
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 6 November 2006 (Case R 36/2006-2) relating to opposition proceedings between Miguel Torres, SA and Sociedad Cooperativa del Campo San Ginés.
Information relating to the case
Applicant for the Community trade mark:
Sociedad Cooperativa del Campo San Ginés
Community trade mark sought:
Word mark TORRE DE BENÍTEZ for goods in Class 33 – Application No 2438018
Proprietor of the mark or sign cited in the opposition proceedings:
Miguel Torres, SA
Mark or sign cited in opposition:
International and national word mark Torres for goods in Class 33, and various other Community, national and international marks
Decision of the Opposition Division:
Opposition 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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