Judgment — ECLI:EU:T:2007:391
Date: 2007-12-13
Language of the case: Spanish
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks applied for
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the Court of First Instance (Third Chamber) of 13 December 2007 – Cabrera Sánchez v OHIM – Industrias Cárnicas Valle (el charcutero artesano) (Case T-242/06) 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 Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 84-86, 90, 92) Re: 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).