CELEX: 62005TJ0096
Community trade mark
Opposition procedure
Application for figurative Community trade mark Valle della Luna
Earlier national figurative mark VALLE DE LA LUNA
Proof of use of the earlier mark
Article 15(2)(a), and Article 43(2) and (3) of Regulation (EC) No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 24 November 2004 (Case R 269/2004-1), concerning
opposition proceedings between Monte di Massima SAS di Pruneddu Leonardo & C. and J.M. Höfferle Internationale Handelsgesellschaft
mbH.
Information relating to the case
Applicant for the Community trade mark:
Monte di Massima SAS di Pruneddu Leonardo & C.
Community trade mark sought:
Figurative mark Valle della Luna for goods in Class 32 – Application No 2029726
Proprietor of the mark or sign cited in the opposition proceedings:
J.M. Höfferle Internationale Handelsgesellschaft mbH
Mark or sign cited in opposition:
German nominative mark VALLE DE LA LUNA for goods in Class 33
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal allowed
Operative part
The Court:

Dismisses the action;

Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
and by the intervener.