CELEX: 62005TJ0210
Community trade mark
Opposition proceedings
Application for figurative Community trade mark Limoncello di Capri
Earlier national word mark LIMONCHELO
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 18 March 2005 (Case R 646/2004-1) relating to
opposition proceedings between Limiñana y Botella, SL and Nalocebar – Consultores e Serviços Ld
a
.
Information relating to the case
Applicant for the Community trade mark:
Big Ben Establishment Ltd. The applicant acquired the application for registration lodged by Big Ben Establishment
Community trade mark sought:
Figurative mark Limoncello di Capri for goods in Classes 30, 32 and 33
Proprietor of the mark or sign cited in the opposition proceedings:
Limiñana y Botella, SL
Mark or sign cited in opposition:
Spanish word mark Limonchelo for goods in Class 33
Decision of the Opposition Division:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Nalocebar – Consultores e Serviços Lda to pay the costs.