ECLI:EU:T:2008:601

Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Vinícola de Tomelloso (TORRE DE GAZATE) (Case T-286/06) Community trade mark – Opposition procedure – Application for Community word mark TORRE DE GAZATE – Earlier national and international word marks TORRES and LAS TORRES – Relative ground for refusal – No likelihood of confusion 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 42, 69) Re: ACTION brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 July 2006 (Case R 421/2004-2) relating to opposition proceedings between Miguel Torres, SA and Vinícola de Tomelloso, SCL. Information relating to the case Applicant for the Community trade mark: Vinícola de Tomelloso, SCL Community trade mark sought: Word mark TORRE DE GAZATE, for goods in Class 33 – Application No 1632017 Proprietor of the mark or sign cited in the opposition proceedings: Miguel Torres, SA Mark or sign cited in opposition: International and national word mark TORRES and international word mark LAS TORRES, for goods in Class 33 Decision of the Opposition Division: Opposition dismissed Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Miguel Torres, SA to pay the costs.