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Document 62004TJ0028
Judgment of the Court of First Instance (Second Chamber) of 11 July 2007. # Mülhens GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for figurative Community trade mark TOSKA LEATHER - Earlier national word mark TOSCA - Relative grounds for refusal - Well-known trade mark within the meaning of Article 6 bis of the Paris Convention - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 8(5) of Regulation (EC) No 40/94. # Case T-28/04.
Judgment of the Court of First Instance (Second Chamber) of 11 July 2007.
Mülhens GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for figurative Community trade mark TOSKA LEATHER - Earlier national word mark TOSCA - Relative grounds for refusal - Well-known trade mark within the meaning of Article 6 bis of the Paris Convention - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 8(5) of Regulation (EC) No 40/94.
Case T-28/04.
Judgment of the Court of First Instance (Second Chamber) of 11 July 2007.
Mülhens GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for figurative Community trade mark TOSKA LEATHER - Earlier national word mark TOSCA - Relative grounds for refusal - Well-known trade mark within the meaning of Article 6 bis of the Paris Convention - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 8(5) of Regulation (EC) No 40/94.
Case T-28/04.
European Court Reports 2007 II-00081*
ECLI identifier: ECLI:EU:T:2007:213
Judgment of the Court of First Instance (Second Chamber) of 11 July 2007 – Mülhens v OHIM – Cara (TOSKA LEATHER)
(Case T-28/04)
Community trade mark – Opposition proceedings – Application for figurative Community trade mark TOSKA LEATHER – Earlier national word mark TOSCA – Relative grounds for refusal – Well-known trade mark within the meaning of Article 6 bis of the Paris Convention – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 8(5) 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 well known in a Member State (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 31-32)
2. 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 enjoying a reputation (Council Regulation No 40/94, Art. 8(5)) (see paras 57-59)
Re:
| 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 20 November 2003 (Case R 10/2003-1) concerning opposition proceedings between Mülhens GmbH & Co. KG and Mirco Cara. |
Information relating to the case
|
Applicant for the Community trade mark: |
Mirco Cara |
|
Community trade mark sought: |
Figurative mark TOSKA LEATHER for goods in Classes 16, 18 and 25 – Application No 1079888 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Mülhens GmbH & Co. KG |
|
Mark or sign cited in opposition: |
German word mark TOSCA for perfumery products |
|
Decision of the Opposition Division: |
Opposition allowed for products in Class 25 and dismissed as to the remainder |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
|
Dismisses the action; |
|
|
Orders Mülhens GmbH & Co. KG to pay the costs. |