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Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009. # Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark ALFONSO - Earlier Community and national word marks PRINCIPE ALFONSO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Scope of the examination to be carried out by the Board of Appeal - Obligation to rule on the entirety of the action - Article 62(1) of Regulation No 40/94 (now Article 64(1) of Regulation No 207/2009). # Case T-291/07.
ECLI:EU:T:2009:352
62007TJ0291
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(Case T-291/07)
Community trade mark – Opposition proceedings – Application for the Community word mark ALFONSO – Earlier Community and national word marks PRINCIPE ALFONSO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Scope of the examination to be carried out by the Board of Appeal – Obligation to rule on the entirety of the action – Article 62(1) of Regulation No 40/94 (now Article 64(1) of Regulation No 207/2009)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1110/2006-2) relating to opposition proceedings between Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA and González Byass, SA.
Information relating to the case
Applicant for the Community trade mark:
González Byass, SA
Community trade mark sought:
Word mark ALFONSO for goods in Classes 30, 32 and 33 – Application No 3398278
Proprietor of the mark or sign cited in the opposition proceedings:
Mark or sign cited in opposition:
Community and national word marks PRÍNCIPE ALFONSO for goods in Class 33
Decision of the Opposition Division:
Opposition in relation to ‘sherries’ (Class 33) upheld and application for registration for those goods refused
Decision of the Board of Appeal:
Appeal upheld
Operative part
The Court: