CELEX: C2006/310/40
Language: en
Date: 2006-12-16 00:00:00
Title: Case T-287/06: Action brought on 11 October 2006 — TORRES v OHIM — Bodegas Peñalba Lόpez (Torre Albéniz)

16.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 310/20
            
         Action brought on 11 October 2006 — TORRES v OHIM — Bodegas Peñalba Lόpez (Torre Albéniz)
   (Case T-287/06)
   (2006/C 310/40)
   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: Bodegas Peñalba Lόpez S.L.
   Form of order sought
   
               —
            
            
               annul the decision of the Second Board of Appeal of OHIM of 27 July 2006 in Case R 597/2004-2 and order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Bodegas Peñalba Lόpez S.L.
   
      Community trade mark concerned: Figurative mark Torre Albéniz, in respect of goods in Classes 32, 33 and 39 — Application No 1 191 683.
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
   
      Mark or sign cited in opposition: A number of Community figurative and word marks and national figurative marks for goods in Class 33.
   
      Decision of the Opposition Division: Opposition upheld and application for registration of the mark dismissed in part.
   
      Decision of the Board of Appeal: Application upheld and contested decision refusing registration of the mark applied for annulled in respect of goods in Class 33.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1) since the word TORRE is the dominant component in the overall impression produced by the mark applied for, there are aural and visual similarities between the conflicting marks, and a likelihood of confusion exists between the marks which makes it impossible for them to coexist on the market.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)