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Case T-458/07: Action brought on 17 December 2007 — Dominio de la Vega v OHIM — Ambrosio Velasco (DOMINIO DE LA VEGA)
ECLI:EU:UNKNOWN:62007TN0458
62007TN0458
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Valentina R., lawyer
23.2.2008
EN
Official Journal of the European Union
C 51/47
(Case T-458/07)
(2008/C 51/88)
Language in which the application was lodged: Spanish
Parties
Applicant: Dominio de la Vega, S.L. (Requena, Spain) (represented by: E. Caballero Oliver, lawyer and A. Sanz-Bernell y Martinéz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Ambrosio Velasco, S.A. (Dicastillo, Navarra, Spain)
Form of order sought
—Annul the decision of the Board of Appeal of OHIM of 3 October 2007 (Case R 1431/2006-2) and consequently dismiss the opposition filed by Ambrosio Velasco, S.A.;
—Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Dominio de la Vega, S.L.
Community trade mark concerned: Figurative mark ‘DOMINIO DE LA VEGA’ for goods in Classes 33, 42 and 43 (Application No 2.789.576).
Proprietor of the mark or sign cited in the opposition proceedings: Ambrosio Velasco, S.A.
Mark or sign cited in opposition: Figurative Community trade mark ‘PALACIO DE LA VEGA’ for goods in Class 33.
Decision of the Opposition Division: Opposition upheld for all those goods, in Class 33, against which it was directed, and rejection of the application for those goods.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 (1) since there is no likelihood of confusion between the signs in dispute.
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).