Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 29 April 2009 – Bodegas Montebello v OHIM – Montebello (MONTEBELLO
RHUM AGRICOLE)**

**(Case T-430/07)**

Community trade mark – Opposition proceedings – Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE – Earlier national word mark MONTEBELLO – Relative ground for refusal – No likelihood of confusion – Absence of similarity between the goods – Article 8(1)(b) 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 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 34, 36, 39)*

2.                     *Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the
earlier mark – Partial use (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 42-43)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 September 2007 (Case R 223/2007-2), relating to opposition proceedings between Bodegas Montebello, SA and Montebello SARL. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Montebello SARL |
| Community trade mark sought: | Figurative mark MONTEBELLO RHUM AGRICOLE for goods in Class 33 – Application No 2666386 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Bodegas Montebello, SA |
| Mark or sign cited in opposition: | Spanish word mark MONTEBELLO for goods in Class 33 – Application No 1148196 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Appeal allowed, Decision of the Opposition Division annulled. |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Bodegas Montebello, SA to pay the costs. |

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