Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Dominio de la Vega v OHIM – Ambrosio Velasco (DOMINIO DE LA VEGA)
(Case T-458/07)
Community trade mark – Opposition proceedings – Application for Community figurative mark DOMINIO DE LA VEGA – Earlier Community figurative mark PALACIO DE LA VEGA – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
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 26-29, 45-55)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 October 2007 (Case R 1431/2006-2) relating to opposition proceedings between Ambrosio Velasco, SA and Dominio de la Vega, SL.
Information relating to the case
Applicant for the Community trade mark:
Dominio de la Vega, SL
Community trade mark sought:
Figurative mark DOMINIO DE LA VEGA for goods in Classes 33, 42 and 43 – Application No 2789576
Proprietor of the mark or sign cited in the opposition proceedings:
Ambrosio Velasco, SA
Mark or sign cited in opposition:
Figurative Community trade mark PALACIO DE LA VEGA for goods in Class 33 – Application No 78147
Decision of the Opposition Division:
Opposition upheld for all those goods, in Class 33, against which it was directed, and rejection of the application for those goods
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Dominio de la Vega, SL to pay the costs.
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