Community trade mark Relative ground for refusal No likelihood of confusion Invalidity proceedings Community word mark EGLÉFRUIT Earlier Community word mark UGLI and earlier national figurative mark 'UGLI Fruit but the affliction is only skin deep' Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)
Sumário
Judgment of the General Court (Sixth Chamber) of 15 April 2010.
Cabel Hall Citrus Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community word mark EGLÉFRUIT - Earlier Community word mark UGLI and earlier national figurative mark 'UGLI Fruit - but the affliction is only skin deep' - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009).
Case T-488/07.
Texto da decisão
Judgment of the General Court (Sixth Chamber) of 15 April 2010 – Cabel Hall Citrus v OHIM – Casur (EGLÉFRUIT)
(Case T-488/07)
Community trade mark – Invalidity proceedings – Community word mark EGLÉFRUIT – Earlier Community word mark UGLI and earlier national figurative mark ‘UGLI Fruit – but the affliction is only skin deep’ – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)
Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(1)(b) of Regulation No 40/94 (Council Regulation No 40/94, Art. 52(1)(a)) (see paras 30, 47-48, 50-51)
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 19 September 2007 (Case R 293/2007-1), relating to invalidity proceedings between Cabel Hall Citrus Ltd and Casur S. Coop. Andaluza. |
Information relating to the case
|
Registered Community trade mark subject of the application for a declaration of invalidity: |
Word mark EGLÉFRUIT for goods and services in Classes 29, 30 and 31 – Community trade mark No 3517431 |
|
Proprietor of the Community trade mark: |
Casur S. Coop. Andaluza |
|
Party requesting the declaration of invalidity of the Community trade mark: |
Cabel Hall Citrus Ltd |
|
Trade mark right of the party requesting the declaration of invalidity: |
Community work mark UGLI for goods in Classes 29, 31 and 32 and national figurative mark UGLI Fruit – but the affliction is only skin deep for products in Class 31 |
|
Decision of the Cancellation Division: |
Cancellation refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
1. Dismisses the action;
2. Orders Cabel Hall Citrus Ltd to pay the costs.