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Judgment of the Court of First Instance (Fourth Chamber) of 29 April 2009. # Bodegas Montebello, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE - Earlier national word mark MONTEBELLO - Relative ground for refusal - No likelihood of confusion - Absence of similarity between the goods - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-430/07.
ECLI:EU:T:2009:127
62007TJ0430
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(Case T-430/07)
Community trade mark – Opposition proceedings – Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE – Earlier national word mark MONTEBELLO – Relative ground for refusal – No likelihood of confusion – Absence of similarity between the goods – Article 8(1)(b) of Regulation (EC) No 40/94
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 September 2007 (Case R 223/2007-2), relating to opposition proceedings between Bodegas Montebello, SA and Montebello SARL.
Information relating to the case
Applicant for the Community trade mark:
Montebello SARL
Community trade mark sought:
Figurative mark MONTEBELLO RHUM AGRICOLE for goods in Class 33 – Application No 2666386
Proprietor of the mark or sign cited in the opposition proceedings:
Mark or sign cited in opposition:
Spanish word mark MONTEBELLO for goods in Class 33 – Application No 1148196
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal allowed, Decision of the Opposition Division annulled.
Operative part
The Court:
1.Dismisses the action;
2.Orders Bodegas Montebello, SA to pay the costs.