Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 2 December 2008 – Ebro Puleva v OHIM – Berenguel (BRILLO’S)**

**(Case T-275/07)**

Community trade mark – Opposition proceedings – Application for Community word mark BRILLO’S – Earlier national figurative marks featuring the word element ‘brillante’ – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 24, 28)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 May 2007 (Case R 493/2006-2) concerning opposition proceedings between Ebro Puleva, SA and Luis Berenguel, SL. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Luis Berenguel, SL |
| Community trade mark sought: | Word mark BRILLO’S for goods in Classes 29, 30 and 31 – Application No 2984995 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Ebro Puleva, SA |
| Mark or sign cited in opposition: | Spanish figurative marks ‘brillante’ for goods in Class 30 (Mark No 922772) and in Class 29 (Mark No 2413459) |
| Decision of the Opposition Division: | Opposition dismissed; |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Ebro Puleva, SA to pay the costs. |

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