Source: EURLEX
Language: en
Format: md

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| 16.12.2006 | EN | Official Journal of the European Union | C 310/19 |

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Action brought on 11 October 2006 — TORRES v OHIM — Vinícola de Tomelloso (TORRES DE GAZATE)

(Case T-286/06)

(2006/C 310/39)

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Torres S.A. (Barcelona, Spain) (represented by: E. Armijo Chávarri, M. A. Baz de San Ceferino and A. Castán Pérez-Gόmez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Vinícola de Tomelloso S.C.L.

Form of order sought

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| — | annul the decision of the Second Board of Appeal of OHIM of 27 July 2006 in Case R 421/2004-2 and order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Vinícola de Tomelloso S.C.L.

Community trade mark concerned: Word mark TORRE DE GAZATE in respect of goods in Class 33 — Application No 1 632 017.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: National word marks TORRES, international word mark TORRES, and international word mark LAS TORRES in respect of goods in Class 33.

Decision of the Opposition Division: Opposition dismissed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2006310EN.01001902-E0001) because the word TORRE is a dominant component in the overall impression produced by the mark applied for, there are aural and visual similarities between the conflicting marks and there is a likelihood of confusion making it impossible for them to coexist on the market.

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