Court of Justice of the European Communities (including Court of First Instance Decisions)

Judgment of the Court of First Instance (Third Chamber) of 13 December 2007 - Cabrera Sánchez v OHIM - Industrias Cárnicas Valle (el charcutero artesano)

(Case T-242/06)

Community trade mark - Opposition proceedings - Application for the Community figurative mark el charcutero artesano - Earlier national figurative mark El Charcutero - Relative ground for refusal - No likelihood of confusion - Absence of similarity between 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 84-86, 90, 92)

Re:

ACTION brought 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.

Information relating to the case

Operative part

The Court:

1.

Dismisses the action;.

2.

Orders Miguel Cabrera Sánchez to bear his own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).