Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Viñedos y Bodegas Príncipe Alfonso de Hohenlohe
v OHIM – Byass (ALFONSO)**

**(Case T-291/07)**

Community trade mark – Opposition proceedings – Application for the Community word mark ALFONSO – Earlier Community and national word marks PRINCIPE ALFONSO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Scope of the examination to be carried out by the Board of Appeal – Obligation to rule on the entirety of the action – Article 62(1) of Regulation No 40/94 (now Article 64(1) of Regulation No 207/2009)

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 28-30, 53-61)*

2.                     *Community trade mark – Appeals procedure – Decision on the appeal – Obligation of the Board of Appeal – Scope – Appeal not
ruled upon in its entirety (Council Regulation No 40/94, Art. 62(1)) (see para. 62)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1110/2006-2) relating to opposition proceedings between Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA and González Byass, SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | González Byass, SA |
| Community trade mark sought: | Word mark ALFONSO for goods in Classes 30, 32 and 33 – Application No 3398278 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA |
| Mark or sign cited in opposition: | Community and national word marks PRÍNCIPE ALFONSO for goods in Class 33 |
| Decision of the Opposition Division: | Opposition in relation to ‘sherries’ (Class 33) upheld and application for registration for those goods refused |
| Decision of the Board of Appeal: | Appeal upheld |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 29 May 2007 (Case R 1110/2006-2); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to pay the costs. |

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