Judgment of the Court of First Instance (First Chamber) of 12 November 2008 – Nalocebar v OHIM – Limiñana y Botella (Limoncello di Capri)

(Case T-210/05)

Community trade mark – Opposition proceedings –Application for figurative Community trade mark Limoncello di Capri – Earlier national word mark LIMONCHELO – Relative ground for refusal – Likelihood of confusion – 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 25-27, 51-53)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 18 March 2005 (Case R 646/2004-1) relating to opposition proceedings between Limiñana y Botella, SL and Nalocebar – Consultores e Serviços Ld a .

Information relating to the case

Applicant for the Community trade mark:	Big Ben Establishment Ltd. The applicant acquired the application for registration lodged by Big Ben Establishment
Community trade mark sought:	Figurative mark Limoncello di Capri for goods in Classes 30, 32 and 33
Proprietor of the mark or sign cited in the opposition proceedings:	Limiñana y Botella, SL
Mark or sign cited in opposition:	Spanish word mark Limonchelo for goods in Class 33
Decision of the Opposition Division:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Nalocebar – Consultores e Serviços Lda to pay the costs.