CELEX: 62007TJ0291
Language: en
Date: 2009-09-23 00:00:00
Title: Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009. # Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark ALFONSO - Earlier Community and national word marks PRINCIPE ALFONSO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Scope of the examination to be carried out by the Board of Appeal - Obligation to rule on the entirety of the action - Article 62(1) of Regulation No 40/94 (now Article 64(1) of Regulation No 207/2009). # Case T-291/07.

Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Viñedos y Bodegas Príncipe Alfonso de Hohenlohe
            v OHIM – Byass (ALFONSO)
      (Case T-291/07)
      Community trade mark – Opposition proceedings – Application for the Community word mark ALFONSO – Earlier Community and national word marks PRINCIPE ALFONSO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Scope of the examination to be carried out by the Board of Appeal – Obligation to rule on the entirety of the action – Article 62(1) of Regulation No 40/94 (now Article 64(1) of Regulation No 207/2009)
      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 28-30, 53-61)
      2.                     Community trade mark – Appeals procedure – Decision on the appeal – Obligation of the Board of Appeal – Scope – Appeal not
            ruled upon in its entirety (Council Regulation No 40/94, Art. 62(1)) (see para. 62)
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1110/2006-2) relating to
                  opposition proceedings between Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA and González Byass, SA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               González Byass, SA
            
         
               Community trade mark sought:
            
            
               Word mark ALFONSO for goods in Classes 30, 32 and 33 – Application No 3398278
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA
            
         
               Mark or sign cited in opposition:
            
            
               Community and national word marks PRÍNCIPE ALFONSO for goods in Class 33
            
         
               Decision of the Opposition Division:
            
            
               Opposition in relation to ‘sherries’ (Class 33) upheld and application for registration for those goods refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal upheld 
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 29 May 2007 (Case R 1110/2006-2);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.