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Document 62007TJ0430
Summary of the Judgment
Summary of the Judgment
Keywords
Subject of the case
Operative part
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 34, 36, 39)
2. Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Partial use (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 42-43)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 September 2007 (Case R 223/2007-2), relating to opposition proceedings between Bodegas Montebello, SA and Montebello SARL.
Information relating to the case
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Operative part
The Court:
1. Dismisses the action;
2. Orders Bodegas Montebello, SA to pay the costs.