Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Bodegas Cándido (TORRE DE FRIAS)**

**(Case T-285/06)**

Community trade mark – Opposition procedure – Application for Community word mark TORRE DE FRIAS – Earlier national and international word marks TORRES and LAS TORRES – Relative ground for refusal – No likelihood of confusion

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 42, 69)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 July 2006 (Case R 1069/2004-2) relating to opposition proceedings between Miguel Torres, SA and Bodegas Cándido, SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Bodegas Cándido, SA |
| Community trade mark sought: | Word mark TORRE DE FRIAS, for goods in Class 33 – Application No 305151 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Miguel Torres, SA |
| Marks or signs cited in opposition: | National and international word mark TORRES and international word mark LAS TORRES, for goods in Class 33 |
| Decision of the Opposition Division: | Opposition 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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