(Case T‑353/02)

Community trade mark – Opposition proceedings – Application for Community word mark INTEA – Earlier national word marks INTESA – Refusal of registration – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 40/94

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 – Word marks INTEA and INTESA (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 34-35)

Re:

ACTION against the decision of the Second Board of Appeal of OHIM of 6 August 2002 (Case R 407/2001-2) concerning opposition proceedings between Duarte y Beltrán SA and Mirato SpA

Information relating to the case

Applicant for the Community trade mark:

Duarte y Beltrán SA

Community trade mark sought:

Word mark INTEA for goods in Classes 3, 16 and 21 – Application No 99747

Proprietor of mark or sign cited in the opposition proceedings:

MIRATO SpA

Mark or sign cited in opposition:

Two Italian trade marks, an international trade mark, together with a Greek trade mark, a Finnish trade mark, a Swedish trade mark, a United Kingdom trade mark and an Irish trade mark INTESA for goods in Classes 9, 14, 18 and 21 as regards the two Italian trade marks, and for goods in Class 3 as regards the others

Decision of the Opposition Division:

Opposition accepted in part (likelihood of confusion concerning goods in Class 3)

Decision of the Board of Appeal:

Appeal rejected

Operative part:

The Court:

1.Dismisses the action;

2.Orders the applicant to pay the costs.