Judgment of the Court of First Instance (Second Chamber) of 16 December 2008 – Torres v OHIM – Navisa Industrial Vinícola Española (MANSO DE VELASCO)

(Case T-259/06)

Community trade mark – Opposition proceedings – Application for the Community word mark MANSO DE VELASCO – Earlier national word mark VELASCO – 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 – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 27, 73)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 June 2006 (Case R 865/2005-1) relating to opposition proceedings between Navisa Industrial Vinícola Española, SA and Miguel Torres, SA.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark MANSO DE VELASCO for goods in Class 33 — Application No 2261527

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

Navisa Industrial Vinícola Española, SA

Mark or sign cited in opposition:

Spanish word mark VELASCO for goods in Class 33

Decision of the Opposition Division:

Opposition upheld and application dismissed

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Miguel Torres SA to pay the costs.