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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.

    European Court Reports 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.

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