Action brought on 11 October 2006 — TORRES v OHIM — Bodegas Peñalba Lόpez (Torre Albéniz)

(Case T-287/06)

(2006/C 310/40)

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Torres S.A. (Barcelona, Spain) (represented by: E. Armijo Chávarri, M. A. Baz de San Ceferino and A. Castán Pérez-Gόmez, 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: Bodegas Peñalba Lόpez S.L.

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: Bodegas Peñalba Lόpez S.L.

Community trade mark concerned: Figurative mark Torre Albéniz, in respect of goods in Classes 32, 33 and 39 — Application No 1 191 683.

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

Mark or sign cited in opposition: A number of Community figurative and word marks and national figurative marks for goods in Class 33.

Decision of the Opposition Division: Opposition upheld and application for registration of the mark dismissed in part.

Decision of the Board of Appeal: Application upheld and contested decision refusing registration of the mark applied for annulled in respect of goods in Class 33.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1) since the word TORRE is the dominant component in the overall impression produced by the mark applied for, there are aural and visual similarities between the conflicting marks, and a likelihood of confusion exists between the marks which makes it impossible for them to coexist on the market.

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