- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case T-421/10: Action brought on 20 September 2010 — Cooperativa Vitivinícola Arousana v OHIM — Constantina Sotelo Ares (ROSALIA DE CASTRO)
ECLI:EU:UNKNOWN:62010TN0421
62010TN0421
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
6.11.2010
EN
Official Journal of the European Union
C 301/61
(Case T-421/10)
()
2010/C 301/98
Language in which the application was lodged: Spanish
Parties
Applicant: Cooperativa Vitivinícola Arousana, S. Coop. Galega (Meaño, Spain) (represented by: E Sánchez-Quiñones González, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal of OHIM: Doña Constantina Sotelo Ares (Cambados, Spain)
Form of order sought
—Annul the decision of the Fourth Board of Appeal of OHIM of 19 July 2010 in Case R 1804/2008-4;
—order that trade mark 5635867 ROSALIA DE CASTRO be granted in respect of Classes 32, 33 and 35;
—order the defendant to pay the costs, annulling the costs which the applicant was ordered to pay in the appeal.
Pleas in law and main arguments
Applicant for a Community trade mark: Cooperativa Vitivínicola Arousana, S. Coop. Galega.
Community trade mark concerned: Word mark ‘ROSALIA DE CASTRO’ for goods and services in Classes 32, 33 and 35.
Proprietor of the mark or sign cited in the opposition proceedings: Doña Constantina Sotelo Ares.
Mark or sign cited in opposition: Spanish word mark ‘ROSALIA’ for goods and services in Class 33.
Decision of the Opposition Division: Opposition rejected.
Decision of the Board of Appeal: Appeal allowed and opposition upheld.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, since there is no likelihood of confusion between the marks at issue.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).