(Case T-286/06)

Community trade mark – Opposition procedure – Application for Community word mark TORRE DE GAZATE – Earlier national and international word marks TORRES and LAS TORRES – 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 42, 69)

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 27 July 2006 (Case R 421/2004-2) relating to opposition proceedings between Miguel Torres, SA and Vinícola de Tomelloso, SCL.

Information relating to the case

Applicant for the Community trade mark:

Vinícola de Tomelloso, SCL

Community trade mark sought:

Word mark TORRE DE GAZATE, for goods in Class 33 – Application No 1632017

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

Mark or sign cited in opposition:

International and national word mark TORRES and international word mark LAS TORRES, for goods in Class 33

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

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