Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 14 November 2007 – Castell del Remei v OHIM – Bodegas Roda (Castell
del Remei ODA)**

**(Case T-101/06)**

Community trade mark – Opposition proceedings – Application for figurative Community trade mark Castell del Remei ODA – Earlier international word mark RODA and earlier national trade marks RODA, RODA I, RODA II and BODEGAS RODA – Relative ground for refusal – 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 71-72, 82)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Case R 263/2005-1) relating to opposition proceedings between Bodegas Roda SA and Castell del Remei SL. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Castell del Remei, SL |
| Community trade mark sought: | Figurative mark Castell del Remei ODA for goods in Classes 29, 30 and 33 – Application No 2325256 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Bodegas Roda, SA |
| Mark or sign cited in opposition: | International word mark RODA, Spanish word marks RODA (No 1757553), RODA I (No 2006616), RODA II (No 2006615) and BODEGAS RODA (No 137050), concerning goods in Class 33, and trade name BODEGAS RODA, SA for the wine trade |
| Decision of the Opposition Division: | Opposition upheld and application for registration dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

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

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