Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 16 December 2008 – Torres v OHIM – Navisa Industrial Vinícola
Española (MANSO DE VELASCO)**

**(Case T-259/06)**

Community trade mark – Opposition proceedings – Application for the Community word mark MANSO DE VELASCO – Earlier national word mark VELASCO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

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 27, 73)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 29 June 2006 (Case R 865/2005-1) relating to opposition proceedings between Navisa Industrial Vinícola Española, SA and Miguel Torres, SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Miguel Torres, SA |
| Community trade mark sought: | Word mark MANSO DE VELASCO for goods in Class 33 — Application No 2261527 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Navisa Industrial Vinícola Española, SA |
| Mark or sign cited in opposition: | Spanish word mark VELASCO for goods in Class 33 |
| Decision of the Opposition Division: | Opposition upheld and application dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Miguel Torres SA to pay the costs. |

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