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Valentina R., lawyer
EN
2014/C 303/41
Language in which the application was lodged: English
Applicant: Wine in Black GmbH (Berlin, Germany) (represented by: A. Bauer and V. Ahmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Quinta do Noval — Vinhos, SA (Pinhão, Portugal)
The applicant claims that the Court should:
—Fully set aside the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2014 in Case R 1601/2013-1;
—Award the costs of the proceedings against the defendant and the other party to the proceedings before the Board of Appeal of OHIM.
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘Wine in Black’ for goods and services in classes 33, 35 and 42 — Community trade mark application No 1 0 9 49 071
Proprietor of the mark or sign cited in the opposition proceedings: Quinta do Noval — Vinhos, SA
Mark or sign cited in opposition: The word mark ‘NOVAL BLACK’ for goods in class 33
Decision of the Opposition Division: The opposition was upheld
Decision of the Board of Appeal: The appeal was dismissed
Pleas in law: Violation of Art. 8 (1) (b) of Regulation No 207/2009