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Order of the Court (Seventh Chamber) of 30 April 2009. # Japan Tobacco Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(5) - Detriment done to the distinctive character of the earlier mark - Unfair advantage taken of the distinctive character or the repute of the earlier mark - Likelihood - Application for registration of the figurative sign ‘CAMELO’ as a Community trade mark - Opposition by the proprietor of the national word and figurative marks CAMEL. # Case C-136/08 P.
ECLI:EU:C:2009:282
62008CO0136
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(Case C‑136/08 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(5) – Detriment done to the distinctive character of the earlier mark – Unfair advantage taken of the distinctive character or the repute of the earlier mark – Likelihood – Application for registration of the figurative sign ‘CAMELO’ as a Community trade mark – Opposition by the proprietor of the national word and figurative marks CAMEL
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 having a reputation (Council Regulation No 40/94, Art. 8(5)) (see paras 28, 39, 43-44)
Re:
Appeal against the judgment in Case T‑128/06 Japan Tobacco v OHIM and Torrefacçao Camelo by which that Court dismissed the action brought by the appellant for annulment of the decision of the Second Board of Appeal of OHIM of 22 February 2006 relating to opposition proceedings between Japan Tobacco and Torrefacçao Camelo – Infringement of Article 8(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) – Relative grounds for refusal to register a trade mark – Unfair advantage taken of the distinctive character of an earlier trade mark, or detrimental to that distinctive character.
Operative part:
1.The appeal is dismissed.
2.Japan Tobacco, Inc. is ordered to pay the costs.