Keywords
Subject of the case
Operative part

Keywords

Community trade mark

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Definition and acquisition of the Community trade mark

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Relative grounds for refusal

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Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services

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Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 45, 53

)

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 June 2004 (Case R 550/2003-2) concerning opposition proceedings between El Coto de Rioja SA and Sebirán SL.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Dismisses the application of El Coto de Rioja SA for the partial annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 June 2004 (Case R 550/2003-2);

3. Orders Sebirán SL to pay its own costs and those of OHIM and one half of the costs of El Coto de Rioja SA;

4. Orders El Coto de Rioja SA to bear one half of its own costs.