CELEX: 62006TA0128
Language: en
Date: 2008-01-30 00:00:00
Title: Case T-128/06: Judgment of the Court of First Instance of 30 January 2008 — Japan Tobacco v OHIM — Torrefacção Camelo (CAMELO) (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)

8.3.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 64/36
            
         Judgment of the Court of First Instance of 30 January 2008 — Japan Tobacco v OHIM — Torrefacção Camelo (CAMELO)
   (Case T-128/06) (1)
   
   (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)
   (2008/C 64/58)
   Language of the case: French
   Parties
   
      Applicant: Japan Tobacco, Inc. (Tokyo, Japan) (represented by: A. Ortiz López, S. Ferrandis González and E. Ochoa Santamaría, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Torrefacção Camelo Lda (Campo Maior, Portugal) (represented by: A. De Sampaio, I. Cavalho Franco and C. de Almeida Carvalho, lawyers)
   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 Lda.
   Operative part of the judgment
   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.
            
         
      (1)  OJ C 154, 1.7.2006.