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:
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). |