CELEX: 62006TJ0242
Language: en
Date: 2007-12-13
Title: Judgment of the Court of First Instance (Third Chamber) of 13 December 2007. # Miguel Cabrera Sánchez v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark el charcutero artesano - Earlier national figurative mark El Charcutero - Relative ground for refusal - No likelihood of confusion - Absence of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-242/06.

Judgment of the Court of First Instance (Third Chamber) of 13 December 2007 – Cabrera Sánchez v OHIM – Industrias Cárnicas
            Valle (el charcutero artesano)
      (Case T-242/06)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark el charcutero artesano – Earlier national figurative mark El Charcutero – Relative ground for refusal – No likelihood of confusion – Absence of similarity between 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 84-86, 90, 92)
      
      Re:
      
         
               ACTION brought 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.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Industrias Cárnicas Valle, SA
            
         
               Community trade mark sought:
            
            
               Figurative mark in colour el charcutero artesano for goods in Class 29 – Application No 2823193
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Miguel Cabrera Sánchez
            
         
               Mark or sign cited in opposition:
            
            
               National figurative mark El Charcutero for goods in Class 29 – Application No 2047511
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed and registration of the trade mark sought
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;.
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Miguel Cabrera Sánchez to bear his own costs and to pay those incurred by the Office for Harmonisation in the Internal
                     Market (Trade Marks and Designs) (OHIM).