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Judgment of the Court of First Instance (Second Chamber) of 11 July 2007. # Mülhens GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark TOSKA - Earlier national word mark TOSCA - Relative grounds for refusal - Well-known trade mark within the meaning of Article 6 bis of the Paris Convention - Article 8(1)(b) of Regulation (EC) No 40/94 - Article 8(5) of Regulation (EC) No 40/94. # Case T-263/03.
ECLI:EU:T:2007:210
62003TJ0263
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(Case T-263/03)
Community trade mark – Opposition proceedings – Application for Community word mark TOSKA – Earlier national word mark TOSCA – Relative grounds for refusal – Well-known trade mark within the meaning of Article 6 bis of the Paris Convention – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 8(5) of Regulation (EC) No 40/94
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 May 2003 (Case R 369/2002-2) concerning opposition proceedings between Mülhens GmbH & Co. KG and Conceria Toska Srl.
Information relating to the case
Applicant for the Community trade mark:
Conceria Toska Srl
Community trade mark sought:
Word mark TOSKA for goods in Class 18 – Application No 743427
Proprietor of the mark or sign cited in the opposition proceedings:
Mühlens GmbH & Co. KG
Mark or sign cited in opposition:
German word mark TOSCA for perfumery products
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
Dismisses the action;
Orders Mülhens GmbH & Co. KG to pay the costs.