CELEX: 62005TJ0210
Language: en
Date: 2008-11-12 00:00:00
Title: Judgment of the Court of First Instance (First Chamber) of 12 November 2008. # Nalocebar - Consultores e Serviços, Ldª v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings -Application for figurative Community trade mark Limoncello di Capri - Earlier national word mark LIMONCHELO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-210/05.

Judgment of the Court of First Instance (First Chamber) of 12 November 2008 – Nalocebar v OHIM – Limiñana y Botella (Limoncello
            di Capri)
      (Case T-210/05)
      Community trade mark – Opposition proceedings –Application for figurative Community trade mark Limoncello di Capri – Earlier national word mark LIMONCHELO – Relative ground for refusal – Likelihood of confusion – 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 25-27, 51-53)
      
      Re:
      
         ACTION brought against the decision of the First Board of Appeal of OHIM of 18 March 2005 (Case R 646/2004-1) relating to
                  opposition proceedings between Limiñana y Botella, SL and Nalocebar – Consultores e Serviços Ld
               
               a
               .
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Big Ben Establishment Ltd. The applicant acquired the application for registration lodged by Big Ben Establishment
            
         
               Community trade mark sought:
            
            
               Figurative mark Limoncello di Capri for goods in Classes 30, 32 and 33
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Limiñana y Botella, SL
            
         
               Mark or sign cited in opposition:
            
            
               Spanish word mark Limonchelo for goods in Class 33
            
         
               Decision of the Opposition Division:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Nalocebar – Consultores e Serviços Lda to pay the costs.