CELEX: 62003TJ0263
Community trade mark
Opposition proceedings
Application for Community word mark TOSKA
Earlier national word mark TOSCA
Relative grounds for refusal
Well-known trade mark within the meaning of Article 6 bis of the Paris Convention
Article 8(1)(b) of Regulation (EC) No 40/94
Article 8(5) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 May 2003 (Case R 369/2002-2) concerning opposition
proceedings between Mülhens GmbH & Co. KG and Conceria Toska Srl.
Information relating to the case
Applicant for the Community trade mark:
Conceria Toska Srl
Community trade mark sought:
Word mark TOSKA for goods in Class 18 – Application No 743427
Proprietor of the mark or sign cited in the opposition proceedings:
Mühlens GmbH & Co. KG
Mark or sign cited in opposition:
German word mark TOSCA for perfumery products
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

Dismisses the action;

Orders Mülhens GmbH & Co. KG to pay the costs.