Judgment of the Court of First Instance (Second Chamber) of 2 December 2008 – Ebro Puleva v OHIM – Berenguel (BRILLO’S)
(Case T-275/07)
Community trade mark – Opposition proceedings – Application for Community word mark BRILLO’S – Earlier national figurative marks featuring the word element ‘brillante’ – Relative ground for refusal – Likelihood of confusion – Similarity of 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 24, 28)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 May 2007 (Case R 493/2006-2) concerning opposition proceedings between Ebro Puleva, SA and Luis Berenguel, SL.
Information relating to the case
Applicant for the Community trade mark:
Luis Berenguel, SL
Community trade mark sought:
Word mark BRILLO’S for goods in Classes 29, 30 and 31 – Application No 2984995
Proprietor of the mark or sign cited in the opposition proceedings:
Ebro Puleva, SA
Mark or sign cited in opposition:
Spanish figurative marks ‘brillante’ for goods in Class 30 (Mark No 922772) and in Class 29 (Mark No 2413459)
Decision of the Opposition Division:
Opposition dismissed;
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Ebro Puleva, SA to pay the costs.
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