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.