The EU Court refused to register the mark "Puerta de Labastida". Brussels, April 13 () .- The General Court of the European Union (EU) today denied the company Winery and Vineyard "Puerta de Labastida" the registration of a CTM with that name because of the risk confusion with the denomination "Castillo Labastida, of the Union of Growers of the town of La Rioja.
The ruling confirms the decision of the Office of Armonizacin the Internal Market (OHIM), which rejected the application, eve isk, for registration by the "likelihood of confusion" for the public, "given the identity and similarity products "and the resemblance between the marks, said a statement from the Tribunal.
The General Court has stated that the risk of confusion is reinforced in the case of Spaniards consumers "due to the conceptual similarity between the marks at issue and the distinctive character of their common element" .
The dispute dates, wow powerleveling, back to June 2005, when the company Winery and Vineyard "Puerta de Labastida" deposit before OHIM CTM application "Puerta de Labastida" for use in wine and other alcoholic beverages in food and business.
Register that denomination objected in March 2006 the Union of Growers Labastida, basndose in earlier word marks "Castillo Labastida.
In May 2008 the division of opposition, cheap wow powerleveling, of the Office issued a RESOLUTION which estimated that oposiciny partially accepted the registration of the mark only for use on edible oils and fats.
In July of that same year Winery and Vineyard "Puerta de Labastida" present an appeal with OHIM against such a decision, which was dismissed.
There follow, the company is directed to the General Court requesting anulacin of the decision of the Community Trademark Office.
By its decision today, the General Court dismissed the action brought by wineries and vineyards "Labastida door."
On the one hand, the Court finds that the goods and services covered by the marks "are idnticos or similar" and secondly, that "there is a similarity between the marks from the phonetic point of view, gr graphical and conceptual. "
In addition, the Court finds that the marks share the word "Labastida," which is their "distinctive element."