Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 11 July 2006 –Torres v OHIM – Bodegas Muga (Torre Muga)**

**(Case T-247/03)**

Community trade mark – Opposition proceedings – Application for figurative Community trade mark Torre Muga – Earlier national and international word marks TORRES – Likelihood of confusion – Breach of the rights of the defence

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. 71)

**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 7 April 2003 (Case R 998/2001‑1) concerning opposition proceedings between Miguel Torres, SA, and Bodegas Muga, SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Bodega Muga, SA |
| Community trade mark sought: | Figurative mark Torre Muga (Application No 791.004, for goods in Class 33) |
| Proprietor of the mark or sign cited in the opposition proceedings: | Miguel Torres, SA |
| Mark or sign cited in opposition: | TORRES (an international mark, a Danish mark, a German mark, three Spanish marks and two United Kingdom marks) for goods in Class 33 |
| Decision of the Opposition Division: | Rejection of the opposition |
| Decision of the Board of Appeal: | Rejection of the appeal |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders the intervener to bear its own costs. |

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