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Court of Justice of the European Communities (including Court of First Instance Decisions) |
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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> el charcutero artesano [2007] EUECJ T-242/06 (13 December 2007) URL: http://www.bailii.org/eu/cases/EUECJ/2007/T24206.html Cite as: EU:T:2007:391, [2007] EUECJ T-242/06, ECLI:EU:T:2007:391, [2007] EUECJ T-242/6 |
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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 |
Community trade mark sought: | Figurative mark in colour el charcutero artesano for goods in Class 29 - Application No 2823193 |
Proprietor of the mark or sign cited in the opposition proceedings: | Miguel Cabrera Sánchez |
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 |
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). |
