(Case T-247/03)

Community trade mark – Opposition proceedings – Application for figurative Community trade mark Torre Muga – Earlier national and international word marks TORRES – Likelihood of confusion – Breach of the rights of the defence

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 (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 71)

Re:

ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 April 2003 (Case R 998/2001‑1) concerning opposition proceedings between Miguel Torres, SA, and Bodegas Muga, SA.

Information relating to the case

Applicant for the Community trade mark:

Bodega Muga, SA

Community trade mark sought:

Figurative mark Torre Muga (Application No 791.004, for goods in Class 33)

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

Miguel Torres, SA

Mark or sign cited in opposition:

TORRES (an international mark, a Danish mark, a German mark, three Spanish marks and two United Kingdom marks) for goods in Class 33

Decision of the Opposition Division:

Rejection of the opposition

Decision of the Board of Appeal:

Rejection of the appeal

Operative part

The Court:

1.Dismisses the action;

2.Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3.Orders the intervener to bear its own costs.