ECLI:EU:T:2007:210

Judgment of the Court of First Instance (Second Chamber) of 11 July 2007 – Mülhens v OHIM – Conceria Toska (TOSKA) (Case T-263/03) Community trade mark – Opposition proceedings – Application for Community word mark TOSKA – 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 para. 28) 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 50-52) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 May 2003 (Case R 369/2002-2) concerning opposition proceedings between Mülhens GmbH & Co. KG and Conceria Toska Srl. Information relating to the case Applicant for the Community trade mark: Conceria Toska Srl Community trade mark sought: Word mark TOSKA for goods in Class 18 – Application No 743427 Proprietor of the mark or sign cited in the opposition proceedings: Mühlens GmbH & Co. KG Mark or sign cited in opposition: German word mark TOSCA for perfumery products Decision of the Opposition Division: Opposition dismissed Decision of the Board of Appeal: Appeal dismissed Operative part The Court: Dismisses the action; Orders Mülhens GmbH & Co. KG to pay the costs.