Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62007TJ0430

    Judgment of the Court of First Instance (Fourth Chamber) of 29 April 2009.
    Bodegas Montebello, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE - Earlier national word mark MONTEBELLO - Relative ground for refusal - No likelihood of confusion - Absence of similarity between the goods - Article 8(1)(b) of Regulation (EC) No 40/94.
    Case T-430/07.

    Izvješća Suda EU-a 2009 II-00049*

    ECLI identifier: ECLI:EU:T:2009:127





    Judgment of the Court of First Instance (Fourth Chamber) of 29 April 2009 – Bodegas Montebello v OHIM – Montebello (MONTEBELLO RHUM AGRICOLE)

    (Case T-430/07)

    Community trade mark – Opposition proceedings – Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE – Earlier national word mark MONTEBELLO – Relative ground for refusal – No likelihood of confusion – Absence of similarity between the goods – Article 8(1)(b) of Regulation (EC) No 40/94

    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 – 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

    Applicant for the Community trade mark:

    Montebello SARL

    Community trade mark sought:

    Figurative mark MONTEBELLO RHUM AGRICOLE for goods in Class 33 – Application No 2666386

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

    Bodegas Montebello, SA

    Mark or sign cited in opposition:

    Spanish word mark MONTEBELLO for goods in Class 33 – Application No 1148196

    Decision of the Opposition Division:

    Opposition upheld

    Decision of the Board of Appeal:

    Appeal allowed, Decision of the Opposition Division annulled.


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Bodegas Montebello, SA to pay the costs.

    Top