Community trade mark Relative ground for refusal Opposition procedure Article 8(5) of Regulation (EC) No 40/94 Application for the Community figurative mark CAMELO Earlier national figurative mark CAMEL No risk of profit derived unduly from, and no risk of detriment to, the distinctive character and reputation of the earlier mark No infringement of the rules of the appeal procedure Article 74 of Regulation No 40/94
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 30 January 2008.
Japan Tobacco, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition procedure - Application for the Community figurative mark CAMELO - Earlier national figurative mark CAMEL - Relative ground for refusal - No risk of profit derived unduly from, and no risk of detriment to, the distinctive character and reputation of the earlier mark - Article 8(5) of Regulation (EC) No 40/94 - No infringement of the rules of the appeal procedure - Article 74 of Regulation No 40/94.
Case T-128/06.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 30 January 2008 – Japan Tobacco v OHIM – Torrefacção Camelo (CAMELO)
(Case T-128/06)
Community trade mark – Opposition procedure – Application for the Community figurative mark CAMELO – Earlier national figurative mark CAMEL – Relative ground for refusal – No risk of profit derived unduly from, and no risk of detriment to, the distinctive character and reputation of the earlier mark – Article 8(5) of Regulation (EC) No 40/94 – No infringement of the rules of the appeal procedure – Article 74 of Regulation No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 56-66)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 February 2006 (Case R 669/2003‑2) concerning opposition proceedings between Japan Tobacco, Inc. and Torrefacção Camelo L | da | . |
Information relating to the case
|
Applicant for the Community trade mark: |
Torrefacção Camelo Lda |
|
Community trade mark sought: |
Mark containing figurative elements (camel, pyramids, palm trees) and the name CAFÉ TORREFACTO CAMPO MAIOR CAMELO CAFÉ ESPECIAL PURO Torrefacção Camelo Lda CAMPO MAIOR-PORTUGAL, for goods in Class 30 – Application No 1469121 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Japan Tobacco, Inc. |
|
Mark or sign cited in opposition: |
National figurative mark CAMEL for goods in Classes 22 and 34 |
|
Decision of the Opposition Division: |
Opposition upheld |
|
Decision of the Board of Appeal: |
Decision of the Opposition Division set aside |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Japan Tobacco, Inc. to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM); |
|
3. |
Orders Torrefacção Camelo Lda to bear its own costs. |