CELEX: 62006TJ0101
Community trade mark
Opposition proceedings
Application for figurative Community trade mark Castell del Remei ODA
Earlier international word mark RODA and earlier national trade marks RODA, RODA I, RODA II and BODEGAS RODA
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Case R 263/2005-1) relating to
opposition proceedings between Bodegas Roda SA and Castell del Remei SL.
Information relating to the case
Applicant for the Community trade mark:
Castell del Remei, SL
Community trade mark sought:
Figurative mark Castell del Remei ODA for goods in Classes 29, 30 and 33 – Application No 2325256
Proprietor of the mark or sign cited in the opposition proceedings:
Bodegas Roda, SA
Mark or sign cited in opposition:
International word mark RODA, Spanish word marks RODA (No 1757553), RODA I (No 2006616), RODA II (No 2006615) and BODEGAS
RODA (No 137050), concerning goods in Class 33, and trade name BODEGAS RODA, SA for the wine trade
Decision of the Opposition Division:
Opposition upheld and application for registration dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the applicant to pay the costs.