CELEX: 62007TJ0430
Community trade mark
Opposition proceedings
Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE
Earlier national word mark MONTEBELLO
Relative ground for refusal
No likelihood of confusion
Absence of similarity between the goods
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 September 2007 (Case R 223/2007-2), relating
to opposition proceedings between Bodegas Montebello, SA and Montebello SARL.
Information relating to the case
Applicant for the Community trade mark:
Montebello SARL
Community trade mark sought:
Figurative mark MONTEBELLO RHUM AGRICOLE for goods in Class 33 – Application No 2666386
Proprietor of the mark or sign cited in the opposition proceedings:
Bodegas Montebello, SA
Mark or sign cited in opposition:
Spanish word mark MONTEBELLO for goods in Class 33 – Application No 1148196
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal allowed, Decision of the Opposition Division annulled.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Bodegas Montebello, SA to pay the costs.