Case T-273/07: Action brought on 16 July 2007 — Torres v OHIM — Vinícola de Tomelloso (TORREGAZATE)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, Spain, action for annulment (EU), trade-mark law, wine

6.10.2007

EN

Official Journal of the European Union

C 235/13

Second, the applicant asserts that Article 5(1) of Regulation
No 141/2000 is contrary to primary law and should be declared
inapplicable pursuant to Article 241 EC in the event that it is to
be interpreted as meaning that the application for designation of
a medicinal product as an orphan medicinal product must be
submitted before the application for marketing authorisation for
that medicinal product. In that connection, it is submitted that
that interpretation infringes the fundamental Community law
principles of freedom to enjoy property rights and pursue a
trade or profession, the principle of equal treatment and the
principle of good faith.

(1) Regulation (EC) No 141/2000 of the European Parliament and of the
Council of 16 December 1999 on orphan medicinal products
(OJ 2000 L 18, p. 1).

Mark or sign cited in opposition: the various national word marks
‘TORRES’ for products in class 33 and other Community, inter-
national and national word and figurative marks which consist
of or include the term ‘TORRES’ and cover the same products
as the former.

Decision of the Opposition Division: opposition dismissed.

Decision of the Board of Appeal: appeal dismissed.

Pleas in law: incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 on the Community trade mark.

Action brought on 16 July 2007 — Torres v OHIM —
Vinícola de Tomelloso (TORREGAZATE)

(Case T-273/07)

(2007/C 235/23)

Action brought on 18 July 2007 — Ebro Puleva v OHIM —
Berenguel (BRILLO'S)

(Case T-275/07)

(2007/C 235/24)

Language in which the application was lodged: Spanish

Language in which the application was lodged: Spanish

Parties

Parties

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

Applicant: Ebro Puleva, SA (Madrid, Spain)
P. Casamitjana Lleonart, lawyer)

(represented by:

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

Other party to the proceedings before the Board of Appeal of OHIM:
Luis Berenguel, S.L.

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

Form of order sought

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

— annul the decision of the Second Board of Appeal of the
OHIM of 21 May 2007 in case No R 493/2006-2
(concerning opposition proceedings No B 705 790).

Form of order sought

Pleas in law and main arguments

— annul the decision of the Second Board of Appeal of the
OHIM of 2 May 2007 in case No R 610/2006-2 and order
the OHIM to pay the costs.

Pleas in law and main arguments

Applicant
S.C.L.

for a Community trade mark: Vinícola de Tomelloso

Community trade mark concerned: the word mark ‘TORREGAZATE’
(application No 3.134.665) for products in class 33 (wines,
spirits and liqueurs).

Applicant for a Community trade mark: LUIS BERENGUEL, S.L.

Community trade mark concerned: the word mark ‘BRILLO'S’ for
goods in classes 29, 30 and 31 (application No 2.984.995).

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

Mark or sign cited in opposition: the Spanish figurative mark ‘bril-
(mark No 922.772) for products in class 30 and the
lante’
Spanish figurative mark ‘brillante’
for
goods in class 29.

(mark No 2.413.459)

Decision of the Opposition Division: opposition dismissed.

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

Decision of the Board of Appeal: appeal dismissed.