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Case T-541/14: Action brought on 18 April 2014 — Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris v OHIM — Vicente Gandía Pla (ILLIRIA)
ECLI:EU:UNKNOWN:62014TN0541
62014TN0541
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Official Journal of the European Union
C 303/56
(Case T-541/14)
2014/C 303/67
Language in which the application was lodged: English
Parties
Applicant: Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris Srl (Salice Salentino, Italy) (represented by: D. Russo, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Vicente Gandía Pla SA (Chiva, Spain)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 May 2014 given in Case R 917/2013-4;
—Award the applicant the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark containing the verbal elements ‘ILLIRIA’ for ‘wines’ in Class 33 — Community trade mark application No 1 0 5 99 033
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: Community trade mark registration No. 8 2 99 653
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: annulled the contested decision and upheld the opposition
Pleas in law: Infringement of Article 8(1)(b) CTMR.