Keywords
Subject of the case
Operative part
Community trade mark
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Definition and acquisition of the Community trade mark
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Relative grounds for refusal
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Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation
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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
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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 L da to bear its own costs.