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Case T-488/07: Judgment of the General Court of 15 April 2010 — Cabel Hall Citrus v OHIM — Casur (EGLÉFRUIT) (Community trade mark — Invalidity proceedings — Community word mark EGLÉFRUIT — Earlier Community word mark UGLI and earlier national figurative mark ‘UGLI Fruit — but the affliction is only skin deep’ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62007TA0488
62007TA0488
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Official Journal of the European Union
C 148/26
(Case T-488/07)(1)
(Community trade mark - Invalidity proceedings - Community word mark EGLÉFRUIT - Earlier Community word mark UGLI and earlier national figurative mark ‘UGLI Fruit - but the affliction is only skin deep’ - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))
2010/C 148/46
Language of the case: English
Parties
Applicant: Cabel Hall Citrus Ltd (George Town, Grand Cayman, Cayman Islands) (represented by: C. Rogers, barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Botis, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Casur S. Coop. Andaluza (Viator, Spain)
Re:
Action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 September 2007 (Case R 293/2007-1), relating to invalidity proceedings between Cabel Hall Citrus Ltd and Casur S.C. Andaluza.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Cabel Hall Citrus Ltd to pay the costs.
OJ C 64, 8.3.2008.