(Case T-546/08)

Community trade mark – Opposition proceedings – Application for Community figurative mark i GAI – National word mark YGAY and Community figurative and word marks MARQUÉS DE MURRIETA YGAY – Relative grounds for refusal – Genuine use of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) – Likelihood of confusion – Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009)

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 39, 76-81)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 24 September 2008 (Case R 1695/2007-1), relating to opposition proceedings between Bodegas Marqués de Murrieta, SA and Villa Almè Azienda vitivinicola di Vizzotto Giuseppe.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark i GAI for goods in Class 33 – Application No 4458295

Proprietor of the mark or sign cited in the opposition proceedings:

Bodegas Marqués de Murrieta SA

Mark or sign cited in opposition:

Spanish word mark No 2315558 YGAY and Community figurative mark No 1707729 and Community word mark No 1699412 MARQUES DE MURRIETA YGAY for goods in Class 33

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Villa Almè Azienda vitivinicola di Vizzotto Giuseppe to pay the costs.