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Case T-637/15: Action brought on 16 November 2015 — Alma-The Soul of Italian Wine v OHIM — Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)
ECLI:EU:UNKNOWN:62015TN0637
62015TN0637
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25.1.2016
EN
Official Journal of the European Union
C 27/70
(Case T-637/15)
(2016/C 027/89)
Language in which the application was lodged: English
Parties
Applicant: Alma-The Soul of Italian Wine LLLP (Coral Gables, United States of America) (represented by: F. Terrano, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Miguel Torres, SA (Vilafranca del Penedès, Spain)
Details of the proceedings before OHIM
Applicant of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘SOTTO IL SOLE ITALIANO SOTTO il SOLE’ — Application for registration No 9 784 539
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 3 September 2015 in Case R 356/2015-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM to pay the costs.
Plea in law
—Infringement of Articles 8(5), 64(1) and 8(1)(b) of Regulation No 207/2009.