Action brought on 18 July 2007 - Ebro Puleva v OHIM - Berenguel (BRILLO'S)
(Case T-275/07)
Language in which the application was lodged: Spanish
Parties
Applicant: Ebro Puleva, SA (Madrid, Spain) (represented by: P. Casamitjana Lleonart, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Luis Berenguel, S.L.
Form of order sought
annul the decision of the Second Board of Appeal of the OHIM of 21 May 2007 in case No R 493/2006-2 (concerning opposition proceedings No B 705 790).
Pleas in law and main arguments
Applicant for a Community trade mark: LUIS BERENGUEL, S.L.
Community trade mark concerned: the word mark 'BRILLO'S' for goods in classes 29, 30 and 31 (application No 2.984.995).
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the Spanish figurative mark 'brillante' (mark No 922.772) for products in class 30 and the Spanish figurative mark 'brillante' (mark No 2.413.459) for goods in class 29.
Decision of the Opposition Division: opposition dismissed.
Decision of the Board of Appeal: appeal dismissed.
Pleas in law: incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark,
1 inasmuch as it found that the signs in conflict are phonetically, conceptually and visually different.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)