CELEX: 62007TJ0291
Community trade mark
Opposition proceedings
Application for the Community word mark ALFONSO
Earlier Community and national word marks PRINCIPE ALFONSO
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Scope of the examination to be carried out by the Board of Appeal
Obligation to rule on the entirety of the action
Article 62(1) of Regulation No 40/94 (now Article 64(1) of Regulation No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1110/2006-2) relating to
opposition proceedings between Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA and González Byass, SA.
Information relating to the case
Applicant for the Community trade mark:
González Byass, SA
Community trade mark sought:
Word mark ALFONSO for goods in Classes 30, 32 and 33 – Application No 3398278
Proprietor of the mark or sign cited in the opposition proceedings:
Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA
Mark or sign cited in opposition:
Community and national word marks PRÍNCIPE ALFONSO for goods in Class 33
Decision of the Opposition Division:
Opposition in relation to ‘sherries’ (Class 33) upheld and application for registration for those goods refused
Decision of the Board of Appeal:
Appeal upheld
Operative part
The Court:
1.
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 29 May 2007 (Case R 1110/2006-2);
2.
Orders OHIM to pay the costs.