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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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