CELEX: 62008CO0081
Language: en
Date: 2008-11-13 00:00:00
Title: Order of the Court (Seventh Chamber) of 13 November 2008. # Miguel Cabrera Sánchez v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Mixed word and figurative mark - Opposition by the proprietor of an earlier mark. # Case C-81/08 P.

Order of the Court (Seventh Chamber) of 13 November 2008 – Cabrera Sánchez v OHIM
      (Case C‑81/08 P)
      Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Mixed word and figurative mark – Opposition by the proprietor of an earlier mark
      Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the court of Justice,
         Art 58, first para.) (see para. 24)
      
      Re: 
      
         Appeal against the judgment of the Court of First Instance (Third Chamber) of 13 December 2007 in Case T-242/06 
               Cabrera Sánchez
                v 
               OHIM
                – 
               Industrias Cárnicas Valle
               , by which that Court dismissed the action against the decision of the First Board of Appeal of OHIM of 15 June 2006 (Case
                  R 790/2005-1), relating to opposition proceedings between Miguel Cabrera Sánchez and Industrias Cárnicas Valle SA.
               
            Operative part 
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Cabrera Sánchez to pay the costs.