Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Sociedad Cooperativa del Campo
San Ginés (TORRE DE BENÍTEZ)**

**(Case T-16/07)**

Community trade mark – Opposition procedure – Application for Community word mark TORRE DE BENÍTEZ – Earlier national, Community and international word and figurative marks evoking a number of towers – Relative ground for refusal – No likelihood of confusion

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 46, 73)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 November 2006 (Case R 36/2006-2) relating to opposition proceedings between Miguel Torres, SA and Sociedad Cooperativa del Campo San Ginés. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Sociedad Cooperativa del Campo San Ginés |
| Community trade mark sought: | Word mark TORRE DE BENÍTEZ for goods in Class 33 – Application No 2438018 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Miguel Torres, SA |
| Mark or sign cited in opposition: | International and national word mark Torres for goods in Class 33, and various other Community, national and international marks |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Miguel Torres, SA to pay the costs. |

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