Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 30 January 2008 – Japan Tobacco v OHIM – Torrefacção Camelo (CAMELO)**

**(Case T-128/06)**

Community trade mark – Opposition procedure – Application for the Community figurative mark CAMELO – Earlier national figurative mark CAMEL – Relative ground for refusal – No risk of profit derived unduly from, and no risk of detriment to, the distinctive character and reputation of the earlier
mark – Article 8(5) of Regulation (EC) No 40/94 – No infringement of the rules of the appeal procedure – Article 74 of Regulation 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see
paras 56-66)

**Re:**

|  |  |  |
| --- | --- | --- |
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 February 2006 (Case R 669/2003‑2) concerning opposition proceedings between Japan Tobacco, Inc. and Torrefacção Camelo L | da | . |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Torrefacção Camelo Lda |
| Community trade mark sought: | Mark containing figurative elements (camel, pyramids, palm trees) and the name CAFÉ TORREFACTO CAMPO MAIOR CAMELO CAFÉ ESPECIAL PURO Torrefacção Camelo Lda CAMPO MAIOR-PORTUGAL, for goods in Class 30 – Application No 1469121 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Japan Tobacco, Inc. |
| Mark or sign cited in opposition: | National figurative mark CAMEL for goods in Classes 22 and 34 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Decision of the Opposition Division set aside |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Japan Tobacco, Inc. to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM); |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Torrefacção Camelo Lda to bear its own costs. |

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