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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.

ECLI:EU:T:2007:391

62006TJ0242

December 13, 2007
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(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:

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).

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