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Document 62003TJ0247
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.
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.
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.
Thuarascálacha na Cúirte Eorpaí 2006 II-00051*
ECLI identifier: ECLI:EU:T:2006:198
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. |