Case T-286/06: Action brought on 11 October 2006 — TORRES v OHIM — Vinícola de Tomelloso (TORRES DE GAZATE)
Date: 2006-12-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Spain, action for annulment (EU), trade-mark law

16.12.2006

EN

Official Journal of the European Union

C 310/19

Mark or sign cited in opposition: in particular, the figurative mark
‘PROMA’ for goods and services in Classes 6, 20 and 39 (Com-
munity trade mark No 239 384), the opposition being directed
against the application in respect of Classes 6 and 20.

Decision of the Opposition Division: Opposition partially upheld.

Decision of the Board of Appeal: Appeal partially dismissed.

Pleas in law: breach of Article 8(1)(a) and (b) of Regulation (EC)
No 40/94 (1), on the ground that neither the opposing signs
nor the opposing goods are similar. Therefore there is no likeli-
hood of confusion between the opposing marks.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Mark or sign cited in opposition: National word marks TORRES,
international word mark TORRES, and international word
mark LAS TORRES for goods in Class 33.

Decision of the Opposition Division: Opposition dismissed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) since the word TORRE is the dominant compo-
nent in the overall impression produced by the mark applied
for
similarities between the
conflicting marks, and there is a likelihood of confusion
between them which makes it impossible for them to coexist
on the market.

there are aural and visual

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 11 October 2006 — TORRES v OHIM
— Bodegas Cándido (TORRE DE FRIAS)

(Case T-285/06)

(2006/C 310/38)

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Torres S.A.
(represented
by: E. Armijo Chávarri, M. A. Baz de San Ceferino and A.
Castán Pérez-Gόmez, lawyers)

(Barcelona, Spain)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Bodegas Cándido S.A.

Form of order sought

— annul the decision of the Second Board of Appeal of OHIM
of 27 July 2006 in Case R 1069/2000-2 and order OHIM
to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Bodegas Cándido S.A.

Community trade mark concerned: Word mark TORRE DE FRIAS
for goods in Class 33 — Application No 305 151.

Proprietor of the mark or sign cited in the opposition proceedings:
The applicant.

Action brought on 11 October 2006 — TORRES v OHIM
— Vinícola de Tomelloso (TORRES DE GAZATE)

(Case T-286/06)

(2006/C 310/39)

Language in which the application was lodged: Spanish

Parties

(represented
Applicant: Miguel Torres S.A.
by: E. Armijo Chávarri, M. A. Baz de San Ceferino and A.
Castán Pérez-Gόmez, lawyers)

(Barcelona, Spain)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Vinícola de Tomelloso S.C.L.

Form of order sought

— annul the decision of the Second Board of Appeal of OHIM
of 27 July 2006 in Case R 421/2004-2 and order OHIM to
pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Vinícola de Tomelloso
S.C.L.

trade mark concerned: Word mark TORRE DE
Community
GAZATE in respect of goods in Class 33 — Application No
1 632 017.

C 310/20

EN

Official Journal of the European Union

16.12.2006

Proprietor of the mark or sign cited in the opposition proceedings:
The applicant.

Proprietor of the mark or sign cited in the opposition proceedings:
The applicant.

Mark or sign cited in opposition: National word marks TORRES,
international word mark TORRES, and international word
mark LAS TORRES in respect of goods in Class 33.

Mark or sign cited in opposition: A number of Community figura-
tive and word marks and national figurative marks for goods in
Class 33.

Decision of the Opposition Division: Opposition dismissed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) because the word TORRE is a dominant compo-
nent in the overall impression produced by the mark applied
for,
similarities between the
conflicting marks and there is a likelihood of confusion making
it impossible for them to coexist on the market.

there are aural and visual

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Decision of the Opposition Division: Opposition upheld and appli-
cation for registration of the mark dismissed in part.

the Board of Appeal: Application upheld and
Decision of
contested decision refusing registration of the mark applied for
annulled in respect of goods in Class 33.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) since the word TORRE is the dominant compo-
nent in the overall impression produced by the mark applied
similarities between the
for,
conflicting marks, and a likelihood of confusion exists between
the marks which makes it impossible for them to coexist on
the market.

there are aural and visual

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1)

Action brought on 11 October 2006 — TORRES v OHIM
— Bodegas Peñalba Lόpez (Torre Albéniz)

(Case T-287/06)

(2006/C 310/40)

Action brought on 11 October 2006 — CESD-Communau-
taire v Commission

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Torres S.A.
(represented
by: E. Armijo Chávarri, M. A. Baz de San Ceferino and A.
Castán Pérez-Gόmez, lawyers)

(Barcelona, Spain)

Parties

(Case T-289/06)

(2006/C 310/41)

Language of the case: French

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of
OHIM: Bodegas Peñalba Lόpez S.L.

Applicant: Centre Européen pour la Statistique et le Développe-
ment ASBL — CESD-Communautaire ASBL (Luxembourg,
Grand Duchy of Luxembourg) (represented by: D. Grisay and
D. Piccininno, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— annul the decision of the Second Board of Appeal of OHIM
of 27 July 2006 in Case R 597/2004-2 and order OHIM to
pay the costs.

Form of order sought

— Admit this application for annulment based on Article 230
EC, lodged against the Commission decision of 11 August
2006,

Pleas in law and main arguments

— Declare the application admissible,

Applicant for a Community trade mark: Bodegas Peñalba Lόpez
S.L.

Community trade mark concerned: Figurative mark Torre Albéniz,
in respect of goods in Classes 32, 33 and 39 — Application
No 1 191 683.

— Principally, declare the application well-founded and rule
that the Commission decision of 11 August 2006 is void
since it is the consequence of a misuse of powers, and/or is
affected by defects in its reasoning and by a manifest error
of assessment,

— Order the Commission to pay the costs.