CELEX: 62007TJ0430
Language: en
Date: 2009-04-29 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 29 April 2009. # Bodegas Montebello, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE - Earlier national word mark MONTEBELLO - Relative ground for refusal - No likelihood of confusion - Absence of similarity between the goods - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-430/07.

Judgment of the Court of First Instance (Fourth Chamber) of 29 April 2009 – Bodegas Montebello v OHIM – Montebello (MONTEBELLO
            RHUM AGRICOLE)
      (Case T-430/07)
      Community trade mark – Opposition proceedings – Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE – Earlier national word mark MONTEBELLO – Relative ground for refusal – No likelihood of confusion – Absence of similarity between the goods – Article 8(1)(b) 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 registered for identical or similar goods or services – Likelihood
            of confusion with the earlier mark (Council Regulation No  40/94, Art. 8(1)(b)) (see paras 34, 36, 39)
      2.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the
            earlier mark – Partial use (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 42-43)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 September 2007 (Case R 223/2007-2), relating
                  to opposition proceedings between Bodegas Montebello, SA and Montebello SARL.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Montebello SARL
            
         
               Community trade mark sought:
            
            
               Figurative mark MONTEBELLO RHUM AGRICOLE for goods in Class 33 – Application No 2666386
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Bodegas Montebello, SA
            
         
               Mark or sign cited in opposition:
            
            
               Spanish word mark MONTEBELLO for goods in Class 33 – Application No 1148196
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal allowed, Decision of the Opposition Division annulled.
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Bodegas Montebello, SA to pay the costs.