ODA/RODA

ODA/RODA

The IPKat begs to inform you of a fresh Court of First Instance ruling on an appeal from Alicante on a Community trade mark issue. It's Case T-13/05 Castell del Remei v OHIM, Bodegas Roda (ODA). Indeed, this case is so fresh that our friends in Luxembourg haven't had time to translate it, so it's only in French and Spanish.

It looks as though Castell del Remei sought to register as a CTM the word ODA in Class 33, for alcoholic beverages other than beer. Roda opposed, alleging a likelihood of confusion with, and the taking unfair advantage of, various earlier Spanish registrations for wines and spirits, also in Class 33, containing the word RODA. At this point, however, the IPKat's rudimentary French begins to fail him. Can any kind reader please supply the result and - if it's interesting - the reasoning that underpins it?