ECLI:EU:T:2008:604

Judgment of the Court of First Instance (Sixth Chamber) of 18 December 2008 – Torres v OHIM – Sociedad Cooperativa del Campo San Ginés (TORRE DE BENÍTEZ) (Case T-16/07) Community trade mark – Opposition procedure – Application for Community word mark TORRE DE BENÍTEZ – Earlier national, Community and international word and figurative marks evoking a number of towers – 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 46, 73) 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 6 November 2006 (Case R 36/2006-2) relating to opposition proceedings between Miguel Torres, SA and Sociedad Cooperativa del Campo San Ginés. Information relating to the case Applicant for the Community trade mark: Sociedad Cooperativa del Campo San Ginés Community trade mark sought: Word mark TORRE DE BENÍTEZ for goods in Class 33 – Application No 2438018 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 for goods in Class 33, and various other Community, national and international marks 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.