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Case C-136/08 P: Order of the Court of 30 April 2009 — Japan Tobacco, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Torrefacção Camelo L da (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(5) — Detrimental 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)
ECLI:EU:UNKNOWN:62008CB0136
62008CB0136
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12.9.2009
Official Journal of the European Union
C 220/16
(Case C-136/08 P)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(5) - Detrimental 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)
2009/C 220/27
Language of the case: French
Parties
Applicant: Japan Tobacco, Inc. (represented by: A. Ortiz López, S. Ferrandis González and E. Ochoa Santamaría, abogados)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent), Torrefacçao Camelo Lda
Re:
Appeal against the judgment in Case T-128/06 Japan Tobacco v OHIM and Torrefacçao Camelo by which the Court of First Instance (Fifth Chamber) dismissed the action brought by Japan Tobacco for annulment of the decision of the Second Board of Appeal of OHIM of 22 February 2006 in 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 of the order
1.Dismisses the appeal.
2.Orders Japan Tobacco, Inc. to pay the costs.
(1) OJ C 209, 15.8.2008.