CELEX: 62007TJ0275
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

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:
1.
Dismisses the action;
2.
Orders Ebro Puleva, SA to pay the costs.