Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Gala-Salvador Dalí (TG Torre
Galatea)**

**(Case T-8/07)**

Community trade mark – Opposition procedure – Application for Community figurative mark TG Torre Galatea – Earlier Community word mark TORRES 10 – 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 43, 71)

**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 24 October 2006 (Case R 168/2006-2) relating to opposition proceedings between Miguel Torres, SA and Fundacion Gala-Salvador Dalí. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Fundación Gala-Salvador Dalí |
| Community trade mark sought: | Figurative mark TG Torre Galatea for goods in Class 33 – Application No 2730513 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Miguel Torres, SA |
| Mark or sign cited in opposition: | Community word mark TORRES 10 for goods in Class 33 (Application No 466896), and various other Community, national and international marks |
| Decision of the Opposition Division: | Opposition upheld and application for registration of the mark refused |
| Decision of the Board of Appeal: | Appeal allowed, contested decision set aside and opposition dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Miguel Torres, SA to pay the costs. |

[Top](#document1)