Official Journal of the European Union

C 128/20

—

(Case C-81/08 P)

(2008/C 128/34)

Language of the case: Spanish

Parties

Appellant: Miguel Cabrera Sánchez (represented by: J.A. Calderón Chavero and T. Villate Consonni, abogados)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Industrias Cárnicas Valle, S.A.

Form of order sought

—Set aside the judgment of the Court of First Instance (Third Chamber) delivered on 13 December 2007 in case T-242/06 seeking annulment of the decision in question since the appellant claims that the marks EL CHARCUTERO (appellant) and EL CHARCUTERO ARTESANO (respondent) are clearly incompatible;

—Make an order for costs.

Pleas in law and main arguments

The appellant claims, contrary to the judgment under appeal, that the Community trade mark ‘El chacutero Artesano’ falls under the prohibition in Article 8(1)(b) of Regulation 40/94 (1) since, upon opposition by the proprietor of an earlier trade mark, in this case, the Spanish mark ‘El Charcutero’, the trade mark applied for is not to be registered if, because of its identity with or similarity to the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks, there exists a likelihood of confusion on the part of the public in the territory in which the earlier trade mark is protected, in this case, Spain. The likelihood of confusion includes the likelihood of association with the earlier trade mark.

—

Council Regulation of 20 December 1993 on the Community trade mark (OJ 1993 L 11, p. 1).

—