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(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Mixed word and figurative mark - Opposition by the proprietor of an earlier mark)
(2009/C 69/24)
Language of the case: Spanish
Appellant: Miguel Cabrera Sánchez (represented by: J. Calderón Chavero, abogado)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent) and Industrias Cárnicas Valle SA
Appeal against the judgment of the Court of First Instance (Third Chamber) of 13 December 2007 in Case T-242/06 Cabrera Sánchez v OHIM and Industrias Cárnicas Valle, by which the Court dismissed the action against the decision of the First Board of Appeal of OHIM of 15 June 2006 (Case R 790/2005-01), relating to opposition proceedings between Miguel Cabrera Sánchez and Industrias Cárnicas Valle SA.
1.The appeal is dismissed.
2.Mr Cabrera Sánchez shall pay the costs.
Language of the case: Spanish
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(1) OJ C 128, 24.5.2008.