CELEX: 62007TJ0016
Language: en
Date: 2008-12-18
Title: Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008. # Miguel Torres, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Application for Community word mark TORRE DE BENÍTEZ - Earlier national, Community and international word and figurative marks evoking a number of towers - Relative ground for refusal - No likelihood of confusion. # Case T-16/07.

Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Sociedad Cooperativa del Campo
            San Ginés (TORRE DE BENÍTEZ)
      (Case T-16/07)
      Community trade mark – Opposition procedure – Application for Community word mark TORRE DE BENÍTEZ – Earlier national, Community and international word and figurative marks evoking a number of towers – Relative ground for refusal – No likelihood of confusion
      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 46, 73)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade
                  Marks and Designs) of 6 November 2006 (Case R 36/2006-2) relating to opposition proceedings between Miguel Torres, SA and
                  Sociedad Cooperativa del Campo San Ginés.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Sociedad Cooperativa del Campo San Ginés
            
         
               Community trade mark sought:
            
            
               Word mark TORRE DE BENÍTEZ for goods in Class 33 – Application No 2438018
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Miguel Torres, SA
            
         
               Mark or sign cited in opposition:
            
            
               International and national word mark Torres for goods in Class 33, and various other Community, national and international
                  marks
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Miguel Torres, SA to pay the costs.