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Case T-430/07: Action brought on 23 November 2007 — Bodegas Montebello v OHIM — Montebello (MONTEBELLO RHUM AGRICOLE)
ECLI:EU:UNKNOWN:62007TN0430
62007TN0430
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Valentina R., lawyer
26.1.2008
EN
Official Journal of the European Union
C 22/48
(Case T-430/07)
(2008/C 22/91)
Language in which the application was lodged: Spanish
Parties
Applicant: Bodegas Montebello, S.A. (Montilla, Spain) (represented by: T. Andrade Boué, M.I. Lehmann Novo, and A. Hernández Lehmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Montebello (limited company) (Guadalupe, France)
Form of order sought
—annulment of OHIM's decision of 7 September 2007 in Case R 223/2007-2;
—rejection of Community trade mark No 2.666.386;
—order OHIM to pay the costs including those of the intervener.
Pleas in law and main arguments
Applicant for a Community trade mark: Montebello (limited company)
Community trade mark concerned: figurative mark ‘MONTEBELLO Rhum Agricole’ (application No 2.266.386) for goods in Class 33 (alcoholic beverages, except beers).
Proprietor of the mark or sign cited in the opposition proceedings: the applicant.
Mark or sign cited in opposition: Spanish word mark ‘MONTEBELLO’ (No 1.148.196) for goods in Class 33.
Decision of the Opposition Division: opposition upheld.
Decision of the Board of Appeal: decision of the Opposition Division upheld and annulled.
Pleas in law: Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.