CELEX: 62006TJ0242
Community trade mark
Opposition proceedings
Application for the Community figurative mark el charcutero artesano
Earlier national figurative mark El Charcutero
Relative ground for refusal
No likelihood of confusion
Absence of similarity between the signs
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 June 2006 (Case R 790/2005-1) relating to opposition
proceedings between Miguel Cabrera Sánchez and Industrias Cárnicas Valle, SA.
Information relating to the case
Applicant for the Community trade mark:
Industrias Cárnicas Valle, SA
Community trade mark sought:
Figurative mark in colour el charcutero artesano for goods in Class 29 – Application No 2823193
Proprietor of the mark or sign cited in the opposition proceedings:
Miguel Cabrera Sánchez
Mark or sign cited in opposition:
National figurative mark El Charcutero for goods in Class 29 – Application No 2047511
Decision of the Opposition Division:
Opposition dismissed and registration of the trade mark sought
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;.
2.
Orders Miguel Cabrera Sánchez to bear his own costs and to pay those incurred by the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM).