Action brought on 24 July 2007 — Torres v OHIM — Torres de Anguix (TORRES de ANGUIX)

(Case T-286/07)

(2007/C 235/30)

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Torres, S.A. (Barcelona, Spain) (represented by: E Armijo Chávarri, M. Baz de San Ceferino and A. Castán Pérez-Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Torres de Anguix, S.L.

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: TORRES DE ANGUIX S.L.

Community trade mark concerned: Figurative mark ‘TORRES de ANGUIX’ for goods and services in Classes 33, 35and 39 (application No 3283652)

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Word mark ‘TORRES’ (Community trade mark No 1752526) for goods in class 33 and various other Community, national and international trade marks which include the word ‘TORRES’ alone or accompanied by other words or graphics.

Decision of the Opposition Division: Opposition upheld and application for registration of the mark applied for refused.

Decision of the Board of Appeal: Appeal upheld and decision under appeal which refused the mark applied for annulled.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1) given that there is a likelihood of confusion of the conflicting marks.

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994, L 11, p. 1).