Source: EURLEX
Language: en
Format: md

**Order of the Court (Sixth Chamber) of 24 April 2007 – Castellblanch v OHIM**

**(Case C‑131/06 P)**

Appeal – Figurative mark CRISTAL CASTELLBLANCH – Refusal of registration

1.                     *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 trade mark registered for identical or similar goods or services (Council
Regulation No 40/94, Art. 8(1)(b)) (see para. 46)*

2.                     *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 trade mark registered for identical or similar goods or services (Council
Regulation No 40/94, Art. 8(1)(b)) (see paras 55-56)*

**Re:**

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
| Appeal against the judgment of the Court of First Instance (Third Chamber) of 8 December 2005 in Case T‑29/04 | Castellblanch | v | OHIM | in which the Court of First Instance dismissed the action brought by the applicant for the figurative mark ‘CRISTAL CASTELLBLANCH’ for goods in Class 33 for annulment of Decision R 0037/2002-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 17 November 2003 dismissing the appeal brought against the decision of the Opposition Division refusing to register that mark in the context of the opposition brought by the proprietor of national and international word marks containing the word ‘CRISTAL’ for goods in Class 33. |

**Operative part**

|  |  |  |
| --- | --- | --- |
|  |  | The appeal is dismissed. |

|  |  |  |
| --- | --- | --- |
|  |  | Castellblanch SA is ordered to pay the costs. |

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