Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 15 February 2007 – Bodegas Franco-Españolas v OHIM – Companhia
Geral da Agricultura das Vinhas do Alto Douro (ROYAL)**

**(Case T-501/04)**

Community trade mark – Opposition proceedings – Application for the Community word mark ROYAL – Earlier Community word mark ROYAL FEITORIA – Relative ground for refusal – No 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
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 52-53)

**Re:**

|  |
| --- |
| ACTION brought against the decision of the First Board of Appeal of OHIM of 25 October 2004 (Case R 513/2002-1), relating to opposition proceedings between Companhia Geral da Agricultura das Vinhas do Alto Douro, SA (Real Companhia Velha) and Bodegas Franco-Españolas, SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Bodegas Franco-Españolas, SA |
| Community trade mark sought: | Word mark ROYAL for goods in Class 33 – Application No 1056902 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Companhia Geral da Agricultura das Vinhas do Alto Douro, SA (Real Companhia Velha) |
| Mark or sign cited in opposition: | Portuguese figurative mark ROYAL BRANDE No 122170, Community word mark ROYAL FEITORIA No 418301 and international word mark ROYAL OPORTO WINE COMPANY (Portugal) No 174788, for goods in Class 33 |
| Decision of the Opposition Division: | Opposition upheld on the basis of Community trade mark No 418301 and registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 October 2004 (Case R 513/2002-1); |

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

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