Official Journal of the European Union

C 198/43

(Case T-193/15)

(2015/C 198/59)

Language in which the application was lodged: Spanish

Parties

Applicant: Bodegas Williams & Humbert, SA (Cádiz, Spain) (represented by: A. Gómez López, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Central Hisumer, SL (Orihuela, Spain)

Details of the proceedings before OHIM

Applicant: Applicant

Trade mark at issue: Community figurative mark in blue, grey, white and black containing the word elements ‘Botanic Williams & Humbert’ — Application for registration No 11 184 819

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 23 February 2015 in Case R 594/2014-4

Form of order sought

The applicant claims that the Court should:

—declare as not being in accordance with Regulation EC No 207/2009 on the Community trade mark, the decision of 9 December 2010 of the Fourth Board of Appeal of OHIM, in Case R 594/2014-4, dismissing the administrative appeal brought against the decision of the Opposition Division of OHIM of 20 December 2013, made in opposition proceedings No B 2 128 026, and thereby refusing registration of Community Trademark No 11.184.819 BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN, composite mark in Class 33;

—allow registration of the composite Community trade mark No 11.184.819 BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN, in Class 33, as the prohibition on registration provided for in Article 8(1)(b) and Article 8(5) of Regulation No 207/2009 does not apply;

—order OHIM, and if appropriate, the intervener, to pay the costs.

Plea in law

—Infringement of Article 8(1)(b) of Regulation No 207/2009.