CELEX: 62007TJ0427
Community trade mark
Opposition proceedings
Application for Community figurative mark Mirtillino
Earlier Community word mark MIRTO
Relative grounds for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 August 2007 (Case R 875/2006-2), relating
to opposition proceedings between Creaciones Mirto SA and Maglificio Barbara Srl.
Information relating to the case
Applicant for the Community trade mark:
Maglificio Barbara Srl
Community trade mark sought:
Figurative mark Mirtillino for goods in Classes 3, 18 and 25 – application No 3252467
Proprietor of the mark or sign cited in the opposition proceedings:
Creaciones Mirto, SA; the applicant following transfer of the marks at issue in the opposition proceedings
Mark or sign cited in opposition:
Word mark MIRTO (Community trade mark No 1653351) for goods in Classes 3, 18 and 25 and various other national word and figurative
marks MIRTO
Decision of the Opposition Division:
Opposition partly upheld
Decision of the Board of Appeal:
Annulment of the decision under appeal and dismissal of the opposition
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Mirto Corporación Empresarial, SL to pay the costs.