Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Dominio de la Vega v OHIM – Ambrosio Velasco
(DOMINIO DE LA VEGA)**

**(Case T-458/07)**

Community trade mark – Opposition proceedings – Application for Community figurative mark DOMINIO DE LA VEGA – Earlier Community figurative mark PALACIO DE LA VEGA – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

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 26-29, 45-55)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 October 2007 (Case R 1431/2006-2) relating to opposition proceedings between Ambrosio Velasco, SA and Dominio de la Vega, SL. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Dominio de la Vega, SL |
| Community trade mark sought: | Figurative mark DOMINIO DE LA VEGA for goods in Classes 33, 42 and 43 – Application No 2789576 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Ambrosio Velasco, SA |
| Mark or sign cited in opposition: | Figurative Community trade mark PALACIO DE LA VEGA for goods in Class 33 – Application No 78147 |
| Decision of the Opposition Division: | Opposition upheld for all those goods, in Class 33, against which it was directed, and rejection of the application for those goods |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Dominio de la Vega, SL to pay the costs. |

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