Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 12 November 2008 – Nalocebar v OHIM – Limiñana y Botella (Limoncello
di Capri)**

**(Case T-210/05)**

Community trade mark – Opposition proceedings –Application for figurative Community trade mark Limoncello di Capri – Earlier national word mark LIMONCHELO – Relative ground for refusal – Likelihood of confusion – 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 25-27, 51-53)

**Re:**

|  |  |  |
| --- | --- | --- |
| ACTION brought against the decision of the First Board of Appeal of OHIM of 18 March 2005 (Case R 646/2004-1) relating to opposition proceedings between Limiñana y Botella, SL and Nalocebar – Consultores e Serviços Ld | a | . |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Big Ben Establishment Ltd. The applicant acquired the application for registration lodged by Big Ben Establishment |
| Community trade mark sought: | Figurative mark Limoncello di Capri for goods in Classes 30, 32 and 33 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Limiñana y Botella, SL |
| Mark or sign cited in opposition: | Spanish word mark Limonchelo for goods in Class 33 |
| Decision of the Opposition Division: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Nalocebar – Consultores e Serviços Lda to pay the costs. |

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