CELEX: 62003TJ0247
Language: en
Date: 2006-07-11
Title: Judgment of the Court of First Instance (Second Chamber) of 11 July 2006. # Miguel Torres SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for figurative Community trade mark Torre Muga - Earlier national and international word marks TORRES - Likelihood of confusion - Breach of the rights of the defence. # Case T-247/03.

Judgment of the Court of First Instance (Second Chamber) of 11 July 2006 –Torres v OHIM – Bodegas Muga (Torre Muga)
      (Case T-247/03)
      Community trade mark – Opposition proceedings – Application for figurative Community trade mark Torre Muga – Earlier national and international word marks TORRES – Likelihood of confusion – Breach of the rights of the defence
      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. 71)
      
      Re:
      
         
               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) concerning opposition proceedings between Miguel Torres, SA, and Bodegas
                  Muga, SA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Bodega Muga, SA
            
         
               Community trade mark sought:
            
            
               Figurative mark Torre Muga (Application No 791.004, for goods in Class 33) 
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Miguel Torres, SA
            
         
               Mark or sign cited in opposition:
            
            
               TORRES (an international mark, a Danish mark, a German mark, three Spanish marks and two United Kingdom marks) for goods in
                  Class 33
               
            
         
               Decision of the Opposition Division:
            
            
               Rejection of the opposition
            
         
               Decision of the Board of Appeal:
            
            
               Rejection of the appeal
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
                     (OHIM);
                  
               
            
         
                  3.
               
               
                  
               
               
                  Orders the intervener to bear its own costs.