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Document 62005TJ0210

Judgment of the Court of First Instance (First Chamber) of 12 November 2008.
Nalocebar - Consultores e Serviços, Ldª v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings -Application for figurative Community trade mark Limoncello di Capri - Earlier national word mark LIMONCHELO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-210/05.

European Court Reports 2008 II-00245*

ECLI identifier: ECLI:EU:T:2008:482





Judgment of the Court of First Instance (First Chamber) of 12 November 2008 – Nalocebar v OHIM – Limiñana y Botella (Limoncello di Capri)

(Case T-210/05)

Community trade mark – Opposition proceedings –Application for figurative Community trade mark Limoncello di Capri – Earlier national word mark LIMONCHELO – Relative ground for refusal – Likelihood of confusion – 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 25-27, 51-53)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 18 March 2005 (Case R 646/2004-1) relating to opposition proceedings between Limiñana y Botella, SL and Nalocebar – Consultores e Serviços Ld a .

Information relating to the case

Applicant for the Community trade mark:

Big Ben Establishment Ltd. The applicant acquired the application for registration lodged by Big Ben Establishment

Community trade mark sought:

Figurative mark Limoncello di Capri for goods in Classes 30, 32 and 33

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

Limiñana y Botella, SL

Mark or sign cited in opposition:

Spanish word mark Limonchelo for goods in Class 33

Decision of the Opposition Division:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Nalocebar – Consultores e Serviços Lda to pay the costs.

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