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Document 62006CO0405
Order of the Court (Seventh Chamber) of 24 September 2007. # Miguel Torres SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Application for the figurative mark ‘Torre Muga’ - Opposition proceedings - Earlier international and national word mark ‘TORRES’ - Likelihood of confusion - Opposition rejected. # Case C-405/06 P.
Order of the Court (Seventh Chamber) of 24 September 2007.
Miguel Torres SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Appeal - Community trade mark - Application for the figurative mark ‘Torre Muga’ - Opposition proceedings - Earlier international and national word mark ‘TORRES’ - Likelihood of confusion - Opposition rejected.
Case C-405/06 P.
Order of the Court (Seventh Chamber) of 24 September 2007.
Miguel Torres SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Appeal - Community trade mark - Application for the figurative mark ‘Torre Muga’ - Opposition proceedings - Earlier international and national word mark ‘TORRES’ - Likelihood of confusion - Opposition rejected.
Case C-405/06 P.
Thuarascálacha na Cúirte Eorpaí 2007 I-00115*
ECLI identifier: ECLI:EU:C:2007:546
Order of the Court (Seventh Chamber) of 24 September 2007 – Torres v OHIM
(Case C‑405/06 P)
Appeal – Community trade mark – Application for the figurative mark ‘Torre Muga’ – Opposition proceedings – Earlier international and national word mark ‘TORRES’ – Likelihood of confusion – Opposition rejected
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 (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 32)
2. Appeals – Grounds – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58, para. 1) (see para. 34)
Re:
| Appeal against the judgment of the Court of First Instance (Second Chamber) of 11 July 2006 in Case T-247/03 | Torres | v | OHIM and Bodegas Muga | , by which the Court dismissed the 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) relating to opposition proceedings between Miguel Torres SA and Bodegas Muga SA. |
Operative part:
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The appeal is dismissed; |
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Miguel Torres SA is ordered to pay the costs. |