Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 11 July 2007 – Mülhens v OHIM – Conceria Toska (TOSKA)**

**(Case T-263/03)**

Community trade mark – Opposition proceedings – Application for Community word mark TOSKA – Earlier national word mark TOSCA – Relative grounds for refusal – Well-known trade mark within the meaning of Article 6 bis of the Paris Convention – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 8(5) of Regulation (EC) No 40/94

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 well known in a Member State (Council Regulation No 40/94, Art.
8(1)(b)) (see para. 28)*

2.                     *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 enjoying a reputation (Council Regulation No 40/94, Art. 8(5)) (see
paras 50-52)*

**Re:**

|  |
| --- |
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 May 2003 (Case R 369/2002-2) concerning opposition proceedings between Mülhens GmbH & Co. KG and Conceria Toska Srl. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Conceria Toska Srl |
| Community trade mark sought: | Word mark TOSKA for goods in Class 18 – Application No 743427 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Mühlens GmbH & Co. KG |
| Mark or sign cited in opposition: | German word mark TOSCA for perfumery products |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders Mülhens GmbH & Co. KG to pay the costs. |

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