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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 figurative Community trade mark TOSKA LEATHER - 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-28/04.

ECLI:EU:T:2007:213

62004TJ0028

July 11, 2007
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(Case T-28/04)

Community trade mark – Opposition proceedings – Application for figurative Community trade mark TOSKA LEATHER – 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 November 2003 (Case R 10/2003-1) concerning opposition proceedings between Mülhens GmbH & Co. KG and Mirco Cara.

Information relating to the case

Applicant for the Community trade mark:

Mirco Cara

Community trade mark sought:

Figurative mark TOSKA LEATHER for goods in Classes 16, 18 and 25 – Application No 1079888

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

Mark or sign cited in opposition:

German word mark TOSCA for perfumery products

Decision of the Opposition Division:

Opposition allowed for products in Class 25 and dismissed as to the remainder

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

Dismisses the action;

Orders Mülhens GmbH & Co. KG to pay the costs.

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