CELEX: 62004TJ0028
Community trade mark
Opposition proceedings
Application for figurative Community trade mark TOSKA LEATHER
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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 20 November 2003 (Case R 10/2003-1) concerning opposition proceedings between Mülhens GmbH & Co. KG
and Mirco Cara.
Information relating to the case
Applicant for the Community trade mark:
Mirco Cara
Community trade mark sought:
Figurative mark TOSKA LEATHER for goods in Classes 16, 18 and 25 – Application No 1079888
Proprietor of the mark or sign cited in the opposition proceedings:
Mülhens GmbH & Co. KG
Mark or sign cited in opposition:
German word mark TOSCA for perfumery products
Decision of the Opposition Division:
Opposition allowed for products in Class 25 and dismissed as to the remainder
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

Dismisses the action;

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