CELEX: 62007TJ0488
Community trade mark
Invalidity proceedings
Community word mark EGLÉFRUIT
Earlier Community word mark UGLI and earlier national figurative mark 'UGLI Fruit
but the affliction is only skin deep'
Relative ground for refusal
No likelihood of confusion
Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 19 September 2007 (Case R 293/2007-1), relating to invalidity proceedings between Cabel Hall Citrus
Ltd and Casur S. Coop. Andaluza.
Information relating to the case
Registered Community trade mark subject of the application for a declaration of invalidity:
Word mark EGLÉFRUIT for goods and services in Classes 29, 30 and 31 – Community trade mark No 3517431
Proprietor of the Community trade mark:
Casur S. Coop. Andaluza
Party requesting the declaration of invalidity of the Community trade mark:
Cabel Hall Citrus Ltd
Trade mark right of the party requesting the declaration of invalidity:
Community work mark UGLI for goods in Classes 29, 31 and 32 and national figurative mark UGLI Fruit – but the affliction is
only skin deep for products in Class 31
Decision of the Cancellation Division:
Cancellation refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.     Dismisses the action;
2.     Orders Cabel Hall Citrus Ltd to pay the costs.