Source: EURLEX
Language: en
Format: md

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| 2.12.2006 | EN | Official Journal of the European Union | C 294/52 |

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Action brought on 20 September 2006 — Torres v OHIM — Navisa Industrial Vinícola Española (MANSO DE VELASCO)

(Case T-259/06)

(2006/C 294/108)

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Torres SA (Barcelona, Spain) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Navisa Industrial Vinícola Española SA

Form of order sought

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| — | annul the decision of the First Board of Appeal of OHIM of 29 June 2006 in Case R-865/2005-1; |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Miguel Torres SA

Community trade mark concerned: 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 refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2006294EN.01005202-E0001) given that there is no likelihood of confusion between the conflicting signs making them incompatible.

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