Judgment of the Court of First Instance (Second Chamber) of 2 December 2008 – Ebro Puleva v OHIM – Berenguel (BRILLO’S)
(Case T-275/07)
Community trade mark – Opposition proceedings – Application for Community word mark BRILLO’S – Earlier national figurative marks featuring the word element ‘brillante’ – Relative ground for refusal – Likelihood of confusion – Similarity of 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 24, 28)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 May 2007 (Case R 493/2006-2) concerning opposition proceedings between Ebro Puleva, SA and Luis Berenguel, SL. |
Information relating to the case
Applicant for the Community trade mark: | Luis Berenguel, SL |
Community trade mark sought: | Word mark BRILLO’S for goods in Classes 29, 30 and 31 – Application No 2984995 |
Proprietor of the mark or sign cited in the opposition proceedings: | Ebro Puleva, SA |
Mark or sign cited in opposition: | Spanish figurative marks ‘brillante’ for goods in Class 30 (Mark No 922772) and in Class 29 (Mark No 2413459) |
Decision of the Opposition Division: | Opposition dismissed; |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders Ebro Puleva, SA to pay the costs. |