62008CO0136_EN
Subject of the case
Operative part
Subject of the case
Re:
Appeal against the judgment in Case T‑128/06 Japan Tobacco
v OHIM and Torrefacçao Camelo
by which that Court dismissed the action brought by the appellant for annulment of the decision of the Second Board of Appeal of OHIM of 22 February 2006 relating to opposition proceedings between Japan Tobacco and Torrefacçao Camelo – Infringement of Article 8(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) – Relative grounds for refusal to register a trade mark – Unfair advantage taken of the distinctive character of an earlier trade mark, or detrimental to that distinctive character.
Operative part
Operative part:
1. The appeal is dismissed.
2. Japan Tobacco, Inc. is ordered to pay the costs.