CELEX: 62005TJ0013
Community trade mark
Opposition proceedings
Earlier international word mark RODA and earlier national word marks BODEGAS RODA, RODA I and RODA II
Application for a Community word mark ODA
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

APPLICATION for annulment of the decision of the First Board of Appeal of OHIM of 27 October 2004 (Case R 691/2003-1), concerning
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:
Word mark ODA for goods in Class 33 – Application No 1655786
Proprietor of the mark or sign cited in the opposition proceedings:
Bodegas Roda, SA
Mark or sign cited in opposition:
International word mark RODA (No 703486), Spanish word mark BODEGAS RODA for wines and spirits in Class 33, Spanish word marks
RODA (No 1757553), RODA I (No 2006616), RODA II (No 2006615) and national Greek mark RODA (No 137050) for wines and spirits
in Class 33, commercial name BODEGAS RODA for the ‘commerce dedicated to the development and growing of wine’
Decision of the Opposition Division:
Opposition allowed and application for registration dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

Dismisses the action;

Orders the applicant to pay the costs.