Order of the Court (Seventh Chamber) of 30 April 2009.#Japan Tobacco, Inc. v European Union Intellectual Property Office.#Case C-136/08 P.

Subject of the case

Re:

Appeal against the judgment in Case T‑128/06 Japan Tobacco v OHIM and Torrefacçao Camelo by which that Court dismissed the action brought by the appellant for annulment of the decision of the Second Board of Appeal of OHIM of 22 February 2006 relating to opposition proceedings between Japan Tobacco and Torrefacçao Camelo – Infringement of Article 8(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) – Relative grounds for refusal to register a trade mark – Unfair advantage taken of the distinctive character of an earlier trade mark, or detrimental to that distinctive character.

Operative part

Operative part:

1. The appeal is dismissed.

2. Japan Tobacco, Inc. is ordered to pay the costs.