Community trade mark Opposition proceedings Relative ground for refusal No likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Absence of similarity between the signs Application for the Community figurative mark el charcutero artesano Earlier national figurative mark El Charcutero
Sumário
Judgment of the Court of First Instance (Third Chamber) of 13 December 2007.
Miguel Cabrera Sánchez v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community figurative mark el charcutero artesano - Earlier national figurative mark El Charcutero - Relative ground for refusal - No likelihood of confusion - Absence of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-242/06.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 13 December 2007 – Cabrera Sánchez v OHIM – Industrias Cárnicas Valle (el charcutero artesano)
(Case T-242/06)
Community trade mark – Opposition proceedings – Application for the Community figurative mark el charcutero artesano – Earlier national figurative mark El Charcutero – Relative ground for refusal – No likelihood of confusion – Absence of similarity between the signs – Article 8(1)(b) of Regulation (EC) 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 registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 84-86, 90, 92)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 15 June 2006 (Case R 790/2005-1) relating to opposition proceedings between Miguel Cabrera Sánchez and Industrias Cárnicas Valle, SA. |
Information relating to the case
|
Applicant for the Community trade mark: |
Industrias Cárnicas Valle, SA |
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Community trade mark sought: |
Figurative mark in colour el charcutero artesano for goods in Class 29 – Application No 2823193 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Miguel Cabrera Sánchez |
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Mark or sign cited in opposition: |
National figurative mark El Charcutero for goods in Class 29 – Application No 2047511 |
|
Decision of the Opposition Division: |
Opposition dismissed and registration of the trade mark sought |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action;. |
|
2. |
Orders Miguel Cabrera Sánchez to bear his own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |