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Order of the Court (Seventh Chamber) of 13 November 2008. # Miguel Cabrera Sánchez v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Mixed word and figurative mark - Opposition by the proprietor of an earlier mark. # Case C-81/08 P.
ECLI:EU:C:2008:626
62008CO0081
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(Case C‑81/08 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Mixed word and figurative mark – Opposition by the proprietor of an earlier mark
Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the court of Justice, Art 58, first para.) (see para. 24)
Re:
Appeal against the judgment of the Court of First Instance (Third Chamber) of 13 December 2007 in Case T-242/06 Cabrera Sánchez v OHIM – Industrias Cárnicas Valle, by which that Court dismissed the action 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.
Operative part
The Court:
1.Dismisses the appeal;
2.Orders Mr Cabrera Sánchez to pay the costs.