Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 4 October 2006 – Monte di Massima v OHIM – Höfferle Internationale
(Valle della Luna)**

**(Case T-96/05)**

Community trade mark – Opposition procedure – Application for figurative Community trade mark Valle della Luna – Earlier national figurative mark VALLE DE LA LUNA – Proof of use of the earlier mark – Article 15(2)(a), and Article 43(2) and (3) of Regulation (EC) No 40/94

Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Arts 15(1) and 43(2) and (3)) (see paras 26-27)

**Re:**

|  |
| --- |
| ACTION brought against the decision of the First Board of Appeal of OHIM of 24 November 2004 (Case R 269/2004-1), concerning opposition proceedings between Monte di Massima SAS di Pruneddu Leonardo & C. and J.M. Höfferle Internationale Handelsgesellschaft mbH. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Monte di Massima SAS di Pruneddu Leonardo & C. |
| Community trade mark sought: | Figurative mark Valle della Luna for goods in Class 32 – Application No 2029726 |
| Proprietor of the mark or sign cited in the opposition proceedings: | J.M. Höfferle Internationale Handelsgesellschaft mbH |
| Mark or sign cited in opposition: | German nominative mark VALLE DE LA LUNA for goods in Class 33 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal allowed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
|  |  | Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by the intervener. |

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