Judgment — ECLI:EU:T:2008:545
Date: 2008-12-02
Language of the case: Spanish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded
Origin: Spain

Action brought on 18 July 2007 - Ebro Puleva v OHIM - Berenguel (BRILLO'S) (Case T-275/07) Language in which the application was lodged: Spanish Parties Applicant: Ebro Puleva, SA (Madrid, Spain) (represented by: P. Casamitjana Lleonart, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal of OHIM: Luis Berenguel, S.L. Form of order sought annul the decision of the Second Board of Appeal of the OHIM of 21 May 2007 in case No R 493/2006-2 (concerning opposition proceedings No B 705 790). Pleas in law and main arguments Applicant for a Community trade mark: LUIS BERENGUEL, S.L. Community trade mark concerned: the word mark 'BRILLO'S' for goods in classes 29, 30 and 31 (application No 2.984.995). Proprietor of the mark or sign cited in the opposition proceedings: the applicant Mark or sign cited in opposition: the Spanish figurative mark 'brillante' (mark No 922.772) for products in class 30 and the Spanish figurative mark 'brillante' (mark No 2.413.459) for goods in class 29. Decision of the Opposition Division: opposition dismissed. Decision of the Board of Appeal: appeal dismissed. Pleas in law: incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark, 1 inasmuch as it found that the signs in conflict are phonetically, conceptually and visually different. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)