Judgment of the General Court (Sixth Chamber) of 15 April 2010 – Cabel Hall Citrus v OHIM – Casur (EGLÉFRUIT)

(Case T-488/07)

Community trade mark – Invalidity proceedings – Community word mark EGLÉFRUIT – Earlier Community word mark UGLI and earlier national figurative mark ‘UGLI Fruit – but the affliction is only skin deep’ – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(1)(b) of Regulation No 40/94 (Council Regulation No 40/94, Art. 52(1)(a)) (see paras 30, 47-48, 50-51)

Re:

ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 September 2007 (Case R 293/2007-1), relating to invalidity proceedings between Cabel Hall Citrus Ltd and Casur S. Coop. Andaluza.

Information relating to the case

Registered Community trade mark subject of the application for a declaration of invalidity:	Word mark EGLÉFRUIT for goods and services in Classes 29, 30 and 31 – Community trade mark No 3517431
Proprietor of the Community trade mark:	Casur S. Coop. Andaluza
Party requesting the declaration of invalidity of the Community trade mark:	Cabel Hall Citrus Ltd
Trade mark right of the party requesting the declaration of invalidity:	Community work mark UGLI for goods in Classes 29, 31 and 32 and national figurative mark UGLI Fruit – but the affliction is only skin deep for products in Class 31
Decision of the Cancellation Division:	Cancellation refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1.     Dismisses the action;

2.     Orders Cabel Hall Citrus Ltd to pay the costs.