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Document 62007TJ0291

    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.

    European Court Reports 2009 II-00170*

    ECLI identifier: ECLI:EU:T:2009:352





    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.

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