(Case T-101/06)

Community trade mark – Opposition proceedings – Application for figurative Community trade mark Castell del Remei ODA – Earlier international word mark RODA and earlier national trade marks RODA, RODA I, RODA II and BODEGAS RODA – Relative ground for refusal – Likelihood of confusion – 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 71-72, 82)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Case R 263/2005-1) relating to opposition proceedings between Bodegas Roda SA and Castell del Remei SL.

Information relating to the case

Applicant for the Community trade mark:

Castell del Remei, SL

Community trade mark sought:

Figurative mark Castell del Remei ODA for goods in Classes 29, 30 and 33 – Application No 2325256

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

Bodegas Roda, SA

Mark or sign cited in opposition:

International word mark RODA, Spanish word marks RODA (No 1757553), RODA I (No 2006616), RODA II (No 2006615) and BODEGAS RODA (No 137050), concerning goods in Class 33, and trade name BODEGAS RODA, SA for the wine trade

Decision of the Opposition Division:

Opposition upheld and application for registration dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders the applicant to pay the costs.