Action brought on 20 December 2007 - Cabel Hall Citrus v OHIM - Casur (EGLÉFRUIT)

(Case T-488/07)

Language in which the application was lodged: English

Parties

Applicant: Cabel Hall Citrus Ltd (Grand Cayman, Cayman Islands) (represented by: C. Rogers, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Casur S. Coop. Andaluza (Viator, Spain)

Form of order sought

Annul the decision of 19 September 2007 of the First Board of Appeal of OHIM in Case R 293/2007-1;

direct the relevant Cancellation Division of OHIM to declare invalid Community trade mark registration No 3 517 431 EGLÉFRUIT;

order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The word mark 'EGLÉFRUIT' for goods and services in classes 29, 30 and 31 - Community trade mark No 3 517 431

Proprietor of the Community trade mark: Casur S. Coop. Andaluza

Party requesting the declaration of invalidity of the Community trade mark: The applicant

Trade mark right of the party requesting the declaration of invalidity: The Community and national word and figurative marks 'UGLI' for goods in classes 29, 31 and 32

Decision of the Cancellation Division: Rejection of the request for a declaration of invalidity

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 52(1)(a) of Council Regulation No 40/94 because the Board of Appeal misapplied the test of likelihood of confusion between the conflicting trade marks.

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