(Case T-128/06)

Community trade mark – Opposition procedure – Application for the Community figurative mark CAMELO – Earlier national figurative mark CAMEL – Relative ground for refusal – No risk of profit derived unduly from, and no risk of detriment to, the distinctive character and reputation of the earlier mark – Article 8(5) of Regulation (EC) No 40/94 – No infringement of the rules of the appeal procedure – Article 74 of Regulation 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 56-66)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 February 2006 (Case R 669/2003‑2) concerning opposition proceedings between Japan Tobacco, Inc. and Torrefacção Camelo Lda.

Information relating to the case

Applicant for the Community trade mark:

Torrefacção Camelo Lda

Community trade mark sought:

Mark containing figurative elements (camel, pyramids, palm trees) and the name CAFÉ TORREFACTO CAMPO MAIOR CAMELO CAFÉ ESPECIAL PURO Torrefacção Camelo Lda CAMPO MAIOR-PORTUGAL, for goods in Class 30 – Application No 1469121

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition:

National figurative mark CAMEL for goods in Classes 22 and 34

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Decision of the Opposition Division set aside

Operative part

The Court:

1.Dismisses the action;

2.Orders Japan Tobacco, Inc. to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM);

3.Orders Torrefacção Camelo Lda to bear its own costs.