Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Similarity of the signs Article 8(1)(b) of Regulation (EC) No 40/94 Application for Community word mark BRILLO’S Earlier national figurative marks featuring the word element ‘brillante’
Sumário
Judgment of the Court of First Instance (Second Chamber) of 2 December 2008.
Ebro Puleva, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark BRILLO’S - Earlier national figurative marks featuring the word element ‘brillante’ - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-275/07.
Texto da decisão
Judgment of the Court of First Instance (Second Chamber) of 2 December 2008 – Ebro Puleva v OHIM – Berenguel (BRILLO’S)
(Case T-275/07)
Community trade mark – Opposition proceedings – Application for Community word mark BRILLO’S – Earlier national figurative marks featuring the word element ‘brillante’ – Relative ground for refusal – Likelihood of confusion – Similarity of 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 24, 28)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 May 2007 (Case R 493/2006-2) concerning opposition proceedings between Ebro Puleva, SA and Luis Berenguel, SL. |
Information relating to the case
|
Applicant for the Community trade mark: |
Luis Berenguel, SL |
|
Community trade mark sought: |
Word mark BRILLO’S for goods in Classes 29, 30 and 31 – Application No 2984995 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Ebro Puleva, SA |
|
Mark or sign cited in opposition: |
Spanish figurative marks ‘brillante’ for goods in Class 30 (Mark No 922772) and in Class 29 (Mark No 2413459) |
|
Decision of the Opposition Division: |
Opposition dismissed; |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Ebro Puleva, SA to pay the costs. |