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Document 62006TJ0128

    Judgment of the Court of First Instance (Fifth Chamber) of 30 January 2008.
    Japan Tobacco, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition procedure - Application for the Community figurative mark CAMELO - Earlier national figurative mark CAMEL - Relative ground for refusal - No risk of profit derived unduly from, and no risk of detriment to, the distinctive character and reputation of the earlier mark - Article 8(5) of Regulation (EC) No 40/94 - No infringement of the rules of the appeal procedure - Article 74 of Regulation No 40/94.
    Case T-128/06.

    European Court Reports 2008 II-00014*

    ECLI identifier: ECLI:EU:T:2008:22





    Judgment of the Court of First Instance (Fifth Chamber) of 30 January 2008 – Japan Tobacco v OHIM – Torrefacção Camelo (CAMELO)

    (Case T-128/06)

    Community trade mark – Opposition procedure – Application for the Community figurative mark CAMELO – Earlier national figurative mark CAMEL – Relative ground for refusal – No risk of profit derived unduly from, and no risk of detriment to, the distinctive character and reputation of the earlier mark – Article 8(5) of Regulation (EC) No 40/94 – No infringement of the rules of the appeal procedure – Article 74 of Regulation 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 56-66)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 February 2006 (Case R 669/2003‑2) concerning opposition proceedings between Japan Tobacco, Inc. and Torrefacção Camelo L da .

    Information relating to the case

    Applicant for the Community trade mark:

    Torrefacção Camelo Lda

    Community trade mark sought:

    Mark containing figurative elements (camel, pyramids, palm trees) and the name CAFÉ TORREFACTO CAMPO MAIOR CAMELO CAFÉ ESPECIAL PURO Torrefacção Camelo Lda CAMPO MAIOR-PORTUGAL, for goods in Class 30 – Application No 1469121

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

    Japan Tobacco, Inc.

    Mark or sign cited in opposition:

    National figurative mark CAMEL for goods in Classes 22 and 34

    Decision of the Opposition Division:

    Opposition upheld

    Decision of the Board of Appeal:

    Decision of the Opposition Division set aside


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Japan Tobacco, Inc. to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM);

    3.

    Orders Torrefacção Camelo Lda to bear its own costs.

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