CELEX: 62007TJ0275
Language: en
Date: 2008-12-02 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 2 December 2008. # Ebro Puleva, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-275/07.

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.