Judgment — ECLI:EU:T:2006:198
Date: 2006-07-11
Language of the case: Spanish
Court formation: Second 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 of 11 July 2006 -Torres v OHIM - Bodegas Muga (Torre Muga) (Case T-247/03) 1 (Community trade mark - Opposition proceedings - Application for figurative Community trade mark Torre Muga - Earlier national and international word marks TORRES - Likelihood of confusion - Breach of the rights of the defence) Language of the case: Spanish Parties Applicant: Miguel Torres (Vilafranca del Penedés, Spain) (represented by: E. Armijo Chávarri, M.A. Baz de San Ceferino and A. Castán Pérez-Gómez, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero and S. Laitinen, acting as Agents) Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Bodegas Muga, SA (Haro, Spain) (represented by: L.M. Polo Flores and F. Porcuna de la Rosa, lawyers) Re: Action brought against the decision of the First Board of Appeal of Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 April 2003 (Case R 998/2001-1) concerning opposition proceedings between Miguel Torres, SA, and Bodegas Muga, SA Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); 3. Orders the intervener to bear its own costs. ____________ 1 - OJ C 213, 6.9.2003.