CELEX: 62007TJ0488
Language: en
Date: 2010-04-15
Title: Judgment of the General Court (Sixth Chamber) of 15 April 2010. # Cabel Hall Citrus Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark EGLÉFRUIT - Earlier Community word mark UGLI and earlier national figurative mark 'UGLI Fruit - but the affliction is only skin deep' - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009). # Case T-488/07.

Judgment of the General Court (Sixth Chamber) of 15 April 2010 – Cabel Hall Citrus v OHIM – Casur (EGLÉFRUIT)
      (Case T-488/07)
      Community trade mark – Invalidity proceedings – Community word mark EGLÉFRUIT – Earlier Community word mark UGLI and earlier national figurative mark ‘UGLI Fruit – but the affliction is only skin deep’ – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation
         (EC) No 207/2009)
      
      Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(1)(b) of Regulation No 40/94 (Council Regulation No 40/94, Art. 52(1)(a)) (see paras 30,
         47-48, 50-51)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade
                  Marks and Designs) of 19 September 2007 (Case R 293/2007-1), relating to invalidity proceedings between Cabel Hall Citrus
                  Ltd and Casur S. Coop. Andaluza.
               
            Information relating to the case
      
               Registered Community trade mark subject of the application for a declaration of invalidity:
            
            
               Word mark EGLÉFRUIT for goods and services in Classes 29, 30 and 31 – Community trade mark No 3517431
            
         
               Proprietor of the Community trade mark:
            
            
               Casur S. Coop. Andaluza
            
         
               Party requesting the declaration of invalidity of the Community trade mark:
            
            
               Cabel Hall Citrus Ltd
            
         
               Trade mark right of the party requesting the declaration of invalidity:
            
            
               Community work mark UGLI for goods in Classes 29, 31 and 32 and national figurative mark UGLI Fruit – but the affliction is
                  only skin deep for products in Class 31 
               
            
         
               Decision of the Cancellation Division:
            
            
               Cancellation refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      1.     Dismisses the action;
      2.     Orders Cabel Hall Citrus Ltd to pay the costs.