(Case T-458/07)

Community trade mark – Opposition proceedings – Application for Community figurative mark DOMINIO DE LA VEGA – Earlier Community figurative mark PALACIO DE LA VEGA – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

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 26-29, 45-55)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 October 2007 (Case R 1431/2006-2) relating to opposition proceedings between Ambrosio Velasco, SA and Dominio de la Vega, SL.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark DOMINIO DE LA VEGA for goods in Classes 33, 42 and 43 – Application No 2789576

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

Ambrosio Velasco, SA

Mark or sign cited in opposition:

Figurative Community trade mark PALACIO DE LA VEGA for goods in Class 33 – Application No 78147

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:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Dominio de la Vega, SL to pay the costs.