CELEX: 62006TJ0128
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

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 L
da
.
Information relating to the case
Applicant for the Community trade mark:
Torrefacção Camelo L
da
Community trade mark sought:
Mark containing figurative elements (camel, pyramids, palm trees) and the name CAFÉ TORREFACTO CAMPO MAIOR CAMELO CAFÉ ESPECIAL
PURO Torrefacção Camelo L
da
CAMPO MAIOR-PORTUGAL, for goods in Class 30 – Application No 1469121
Proprietor of the mark or sign cited in the opposition proceedings:
Japan Tobacco, Inc.
Mark or sign cited in opposition:
National figurative mark CAMEL for goods in Classes 22 and 34
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Decision of the Opposition Division set aside
Operative part
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.