Judgment — ECLI:EU:T:2009:337
Date: 2009-09-16
Language of the case: Spanish
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks applied for
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Dominio de la Vega v OHIM – Ambrosio Velasco (DOMINIO DE LA VEGA) (Case T-458/07) Community trade mark – Opposition proceedings – Application for Community figurative mark DOMINIO DE LA VEGA – Earlier Community figurative mark PALACIO DE LA VEGA – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 26-29, 45-55) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 October 2007 (Case R 1431/2006-2) relating to opposition proceedings between Ambrosio Velasco, SA and Dominio de la Vega, SL. Information relating to the case Applicant for the Community trade mark: Dominio de la Vega, SL Community trade mark sought: Figurative mark DOMINIO DE LA VEGA for goods in Classes 33, 42 and 43 – Application No 2789576 Proprietor of the mark or sign cited in the opposition proceedings: Ambrosio Velasco, SA Mark or sign cited in opposition: Figurative Community trade mark PALACIO DE LA VEGA for goods in Class 33 – Application No 78147 Decision of the Opposition Division: Opposition upheld for all those goods, in Class 33, against which it was directed, and rejection of the application for those goods Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. 1. Dismisses the action; 2. 2. Orders Dominio de la Vega, SL to pay the costs.