Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 11 July 2007 – Mülhens v OHIM – Cara (TOSKA LEATHER)**

**(Case T-28/04)**

Community trade mark – Opposition proceedings – Application for figurative Community trade mark TOSKA LEATHER – Earlier national word mark TOSCA – Relative grounds for refusal – Well-known trade mark within the meaning of Article 6 bis of the Paris Convention – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 8(5) of Regulation (EC) No 40/94

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 well known in a Member State (Council Regulation No 40/94, Art.
8(1)(b)) (see paras 31-32)*

2.                     *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 enjoying a reputation (Council Regulation No 40/94, Art. 8(5)) (see
paras 57-59)*

**Re:**

|  |
| --- |
| 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 20 November 2003 (Case R 10/2003-1) concerning opposition proceedings between Mülhens GmbH & Co. KG and Mirco Cara. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Mirco Cara |
| Community trade mark sought: | Figurative mark TOSKA LEATHER for goods in Classes 16, 18 and 25 – Application No 1079888 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Mülhens GmbH & Co. KG |
| Mark or sign cited in opposition: | German word mark TOSCA for perfumery products |
| Decision of the Opposition Division: | Opposition allowed for products in Class 25 and dismissed as to the remainder |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders Mülhens GmbH & Co. KG to pay the costs. |

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