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Document 62007TJ0008

    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 figurative mark TG Torre Galatea - Earlier Community word mark TORRES 10 - Relative ground for refusal - No likelihood of confusion.
    Case T-8/07.

    Thuarascálacha na Cúirte Eorpaí 2008 II-00343*

    ECLI identifier: ECLI:EU:T:2008:603





    Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Gala-Salvador Dalí (TG Torre Galatea)

    (Case T-8/07)

    Community trade mark – Opposition procedure – Application for Community figurative mark TG Torre Galatea – Earlier Community word mark TORRES 10 – 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 43, 71)

    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 24 October 2006 (Case R 168/2006-2) relating to opposition proceedings between Miguel Torres, SA and Fundacion Gala-Salvador Dalí.

    Information relating to the case

    Applicant for the Community trade mark:

    Fundación Gala-Salvador Dalí

    Community trade mark sought:

    Figurative mark TG Torre Galatea for goods in Class 33 – Application No 2730513

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

    Miguel Torres, SA

    Mark or sign cited in opposition:

    Community word mark TORRES 10 for goods in Class 33 (Application No 466896), and various other Community, national and international marks

    Decision of the Opposition Division:

    Opposition upheld and application for registration of the mark refused

    Decision of the Board of Appeal:

    Appeal allowed, contested decision set aside and opposition dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Miguel Torres, SA to pay the costs.

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