Judgment of the Court of First Instance of 30 January 2008 - Japan Tobacco v OHIM - Torrefacção Camelo (CAMELO)
(Community trade mark - Opposition procedure - Application for the Community figurative mark CAMELO - Earlier national figurative mark CAMEL - Relative ground for refusal - No risk of profit derived unduly from, and no risk of detriment to, the distinctive character and reputation of the earlier mark - Article 8(5) of Regulation (EC) No 40/94 - No infringement of the rules of the appeal procedure - Article 74 of Regulation No 40/94)
Language of the case: French
Parties
Applicant: Japan Tobacco, Inc. (Tokyo, Japan) (represented by: A. Ortiz López, S. Ferrandis González and E. Ochoa Santamaría, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Torrefacção Camelo Lda (Campo Maior, Portugal) (represented by: A. De Sampaio, I. Cavalho Franco and C. de Almeida Carvalho, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 22 February 2006 (Case R 669/2003-2) concerning opposition proceedings between Japan Tobacco, Inc. and Torrefacção Camelo Lda.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Japan Tobacco, Inc. to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM);
3. Orders Torrefacção Camelo Lda to bear its own costs.
____________1 - OJ C 154, 01.07.2006.