CELEX: 62003TJ0263
Language: en
Date: 2007-07-11 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 11 July 2007. # Mülhens GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark TOSKA - Earlier national word mark TOSCA - Relative grounds for refusal - Well-known trade mark within the meaning of Article 6 bis of the Paris Convention - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 8(5) of Regulation (EC) No 40/94. # Case T-263/03.

Judgment of the Court of First Instance (Second Chamber) of 11 July 2007 – Mülhens v OHIM – Conceria Toska (TOSKA)
      (Case T-263/03)
      Community trade mark – Opposition proceedings – Application for Community word mark TOSKA – Earlier national word mark TOSCA – Relative grounds for refusal – Well-known trade mark within the meaning of Article 6 bis of the Paris Convention – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 8(5) of Regulation (EC) No 40/94
      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 well known in a Member State (Council Regulation No 40/94, Art.
            8(1)(b)) (see para. 28)
      2.                     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 enjoying a reputation (Council Regulation No 40/94, Art. 8(5)) (see
            paras 50-52)
      Re:
      
         ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 May 2003 (Case R 369/2002-2) concerning opposition
                  proceedings between Mülhens GmbH & Co. KG and Conceria Toska Srl.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Conceria Toska Srl
            
         
               Community trade mark sought:
            
            
               Word mark TOSKA for goods in Class 18 – Application No 743427
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Mühlens GmbH & Co. KG
            
         
               Mark or sign cited in opposition:
            
            
               German word mark TOSCA for perfumery products
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders Mülhens GmbH & Co. KG to pay the costs.