ECLI:EU:T:2006:293

Judgment of the Court of First Instance (Third Chamber) of 4 October 2006 – Monte di Massima v OHIM – Höfferle Internationale (Valle della Luna) (Case T-96/05) Community trade mark – Opposition procedure – Application for figurative Community trade mark Valle della Luna – Earlier national figurative mark VALLE DE LA LUNA – Proof of use of the earlier mark – Article 15(2)(a), and Article 43(2) and (3) of Regulation (EC) No 40/94 Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Arts 15(1) and 43(2) and (3)) (see paras 26-27) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 24 November 2004 (Case R 269/2004-1), concerning opposition proceedings between Monte di Massima SAS di Pruneddu Leonardo & C. and J.M. Höfferle Internationale Handelsgesellschaft mbH. Information relating to the case Applicant for the Community trade mark: Monte di Massima SAS di Pruneddu Leonardo & C. Community trade mark sought: Figurative mark Valle della Luna for goods in Class 32 – Application No 2029726 Proprietor of the mark or sign cited in the opposition proceedings: J.M. Höfferle Internationale Handelsgesellschaft mbH Mark or sign cited in opposition: German nominative mark VALLE DE LA LUNA for goods in Class 33 Decision of the Opposition Division: Opposition dismissed Decision of the Board of Appeal: Appeal allowed Operative part The Court: Dismisses the action; Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by the intervener.