Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Viñedos y Bodegas Príncipe Alfonso de Hohenlohe v OHIM – Byass (ALFONSO)
(Case T-291/07)
Community trade mark – Opposition proceedings – Application for the Community word mark ALFONSO – Earlier Community and national word marks PRINCIPE ALFONSO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Scope of the examination to be carried out by the Board of Appeal – Obligation to rule on the entirety of the action – Article 62(1) of Regulation No 40/94 (now Article 64(1) of Regulation No 207/2009)
1. 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 28-30, 53-61)
2. Community trade mark – Appeals procedure – Decision on the appeal – Obligation of the Board of Appeal – Scope – Appeal not ruled upon in its entirety (Council Regulation No 40/94, Art. 62(1)) (see para. 62)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1110/2006-2) relating to opposition proceedings between Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA and González Byass, SA.
Information relating to the case
Applicant for the Community trade mark:
González Byass, SA
Community trade mark sought:
Word mark ALFONSO for goods in Classes 30, 32 and 33 – Application No 3398278
Proprietor of the mark or sign cited in the opposition proceedings:
Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA
Mark or sign cited in opposition:
Community and national word marks PRÍNCIPE ALFONSO for goods in Class 33
Decision of the Opposition Division:
Opposition in relation to ‘sherries’ (Class 33) upheld and application for registration for those goods refused
Decision of the Board of Appeal:
Appeal upheld
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 29 May 2007 (Case R 1110/2006-2);
2.
Orders OHIM to pay the costs.
Full & Egal Universal Law Academy