(Case T-275/07)

Community trade mark – Opposition proceedings – Application for Community word mark BRILLO’S – Earlier national figurative marks featuring the word element ‘brillante’ – Relative ground for refusal – Likelihood of confusion – Similarity of 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 24, 28)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 May 2007 (Case R 493/2006-2) concerning opposition proceedings between Ebro Puleva, SA and Luis Berenguel, SL.

Information relating to the case

Applicant for the Community trade mark:

Luis Berenguel, SL

Community trade mark sought:

Word mark BRILLO’S for goods in Classes 29, 30 and 31 – Application No 2984995

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

Mark or sign cited in opposition:

Spanish figurative marks ‘brillante’ for goods in Class 30 (Mark No 922772) and in Class 29 (Mark No 2413459)

Decision of the Opposition Division:

Opposition dismissed;

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Ebro Puleva, SA to pay the costs.