CELEX: 62006TJ0128
Language: en
Date: 2008-01-30 00:00:00
Title: Judgment of the Court of First Instance (Fifth Chamber) of 30 January 2008. # Japan Tobacco, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-128/06.

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.