Source: EURLEX
Language: en
Format: md

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| 28.10.2006 | EN | Official Journal of the European Union | C 261/25 |

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Action brought on 5 September 2006 — Cabrera Sánchez v OHIM — Industrias Cárnicas Valle (El charcutero artesano)

(Case T-242/06)

(2006/C 261/48)

Language in which the application was lodged: Spanish

Parties

Applicant: Miguel Cabrera Sánchez (Móstoles, Spain) (represented by: J. A. Calderón Chavero and T. Villate Consonni, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Industrias Cárnicas Valle SA

Form of order sought

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| — | annul the decision of the First Board of Appeal of OHIM of 16 June 2006 in Case R-790/2005-1; |

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| — | annul Decision 2239/2005 in opposition No 637 647; |

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| — | order the Opposition Division to refuse in full registration of the mark concerned; |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Industrias Cárnicas Valle SA

Community trade mark concerned: Figurative colour mark EL CHARCUTERO ARTESANO (Application No 2 823 193) for goods in Class 29

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: National figurative mark (No 2 047 511) EL CHARCUTERO for goods in Class 29

Decision of the Opposition Division: Rejection of the opposition and registration of the mark applied for

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark

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