Source: EURLEX
Language: en
Format: md

**Order of the Court (Seventh Chamber) of 24 September 2007 – Torres v OHIM**

**(Case C‑405/06 P)**

Appeal – Community trade mark – Application for the figurative mark ‘Torre Muga’ – Opposition proceedings – Earlier international and national word mark ‘TORRES’ – Likelihood of confusion – Opposition rejected

1.                     *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 (Council Regulation
No 40/94, Art. 8(1)(b)) (see para. 32)*

2.                     *Appeals – Grounds – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense
of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58, para. 1) (see para. 34)*

**Re:**

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
| Appeal against the judgment of the Court of First Instance (Second Chamber) of 11 July 2006 in Case T-247/03 | Torres | v | OHIM and Bodegas Muga | , by which the Court dismissed the action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 April 2003 (Case R 998/2001-1) relating to opposition proceedings between Miguel Torres SA and Bodegas Muga SA. |

**Operative part:**

|  |  |  |
| --- | --- | --- |
|  |  | The appeal is dismissed; |

|  |  |  |
| --- | --- | --- |
|  |  | Miguel Torres SA is ordered to pay the costs. |

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