CELEX: 62006CO0405
Language: en
Date: 2007-09-24 00:00:00
Title: Order of the Court (Seventh Chamber) of 24 September 2007. # Miguel Torres SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Application for the figurative mark ‘Torre Muga’ - Opposition proceedings - Earlier international and national word mark ‘TORRES’ - Likelihood of confusion - Opposition rejected. # Case C-405/06 P.

Order of the Court (Seventh Chamber) of 24 September 2007 – Torres v OHIM
      (Case C‑405/06 P)
      Appeal – Community trade mark – Application for the figurative mark ‘Torre Muga’ – Opposition proceedings – Earlier international and national word mark ‘TORRES’ – Likelihood of confusion – Opposition rejected
      1.                     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 (Council Regulation
            No 40/94, Art. 8(1)(b)) (see para. 32)
      2.                     Appeals – Grounds – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense
            of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58, para. 1) (see para. 34)
      Re: 
      
         Appeal against the judgment of the Court of First Instance (Second Chamber) of 11 July 2006 in Case T-247/03 
               Torres
                v 
               OHIM and Bodegas Muga
               , by which the Court dismissed the action brought against the decision of the First Board of Appeal of the Office for Harmonisation
                  in the Internal Market (Trade Marks and Designs) of 7 April 2003 (Case R 998/2001-1) relating to opposition proceedings between
                  Miguel Torres SA and Bodegas Muga SA.
               
            Operative part: 
      
         
                   
               
               
                  
               
               
                  The appeal is dismissed;
               
            
         
                   
               
               
                  
               
               
                  Miguel Torres SA is ordered to pay the costs.