(Case T-8/07)

Community trade mark – Opposition procedure – Application for Community figurative mark TG Torre Galatea – Earlier Community word mark TORRES 10 – 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 43, 71)

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 24 October 2006 (Case R 168/2006-2) relating to opposition proceedings between Miguel Torres, SA and Fundacion Gala-Salvador Dalí.

Information relating to the case

Applicant for the Community trade mark:

Fundación Gala-Salvador Dalí

Community trade mark sought:

Figurative mark TG Torre Galatea for goods in Class 33 – Application No 2730513

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

Mark or sign cited in opposition:

Community word mark TORRES 10 for goods in Class 33 (Application No 466896), and various other Community, national and international marks

Decision of the Opposition Division:

Opposition upheld and application for registration of the mark refused

Decision of the Board of Appeal:

Appeal allowed, contested decision set aside and opposition dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Miguel Torres, SA to pay the costs.