CELEX: C2007/082/86
Language: en
Date: 2007-04-14 00:00:00
Title: Case T-16/07: Action brought on 17 January 2007 — Torres v OHIM

14.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/38
            
         Action brought on 17 January 2007 — Torres v OHIM
   (Case T-16/07)
   (2007/C 82/86)
   Language in which the application was lodged: Spanish
   Parties
   
      Applicant: Torres (Barcelona, Spain) (represented by: E. Armijo Chávarri, M. Baz de San Ceferino, A. Castán Pérez Gómez, 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: Sociedad Cooperativa del Campo San Ginés
   Form of order sought
   
               —
            
            
               The annulment of the decision of 6 November 2006 of the 2nd Board of Appeal of OHIM issued in case R36/2006-2 with costs awarded against OHIM
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Sociedad Cooperativa del Campo San Ginés
   
      Community trade mark concerned: Word mark ‘TORRE DE BENITEZ ’for products in class 33 (application No. 2.438.018)
   
      Proprietor of the mark or sign cited in the opposition proceedings: Applicant
   
      Mark or sign cited in opposition: International or national trade marks under the word mark ‘Torres ’for products in class 33, numerous other Community, international and national trade marks
   
      Decision of the Opposition Division: Rejection of the opposition
   
      Decision of the Board of Appeal: Rejection of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) 40/94 (1) given that there is a likelihood of confusion between the trade marks at issue
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark.