10.3.2007

Official Journal of the European Union

C 56/34

Action brought on 4 January 2007 — Torres v OHIM–Gala-Salvador Dalí (TG Torre Galatea)

(Case T-8/07)

(2007/C 56/65)

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Torres S.A. (Barcelona, Spain) (represented by: E. Armijo Chávarri, M.A Baz de San Ceferino, and A. Castán Pérez-Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Fundación Gala-Salvador Dalí

Form of order sought

—	Annul the decision of the Second Board of Appeal of the Office of 24 October 2006 in case R 168/2006-2

—	Order expressly that the Office pay the costs

Pleas in law and main arguments

Applicant for a Community trade mark: Fundación Gala-Salvador Dalí

Community trade mark concerned: The figurative mark ‘TG Torre Galatea’ for goods in Class 33 (application No 2730513)

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community word mark ‘TORRES 10’ for goods in Class 33 (No 466896) and numerous other Community, national and international trade marks

Decision of the Opposition Division: Opposition upheld and application for registration of the mark refused

Decision of the Board of Appeal: Appeal upheld, annulment of the contested decision and rejection of the opposition

Pleas in law: Infringement of Article 8(1) (b) of Regulation (EC) No. 40/94 (1) in that there is a likelihood of confusion of the conflicting marks

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trademark (OJ L 11, 1994, p. 1).