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Case T-605/13: Judgment of the General Court of 25 September 2014 — Alma-The Soul of Italian Wine v OHIM — Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE) (Community trade mark — Opposition proceedings — Application for Community figurative mark SOTTO IL SOLE ITALIANO SOTTO il SOLE — Earlier Community word mark VIÑA SOL — Relative ground for refusal — Article 75 of Regulation (EC) No 207/2009 — Duty to state reasons)
ECLI:EU:UNKNOWN:62013TA0605
62013TA0605
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10.11.2014
Official Journal of the European Union
C 395/46
(Case T-605/13) (*)
((Community trade mark - Opposition proceedings - Application for Community figurative mark SOTTO IL SOLE ITALIANO SOTTO il SOLE - Earlier Community word mark VIÑA SOL - Relative ground for refusal - Article 75 of Regulation (EC) No 207/2009 - Duty to state reasons))
(2014/C 395/57)
Language of the case: English
Parties
Applicant: Alma-The Soul of Italian Wine LLLP (Bal Harbor, Florida, United States) (represented by: F. Terrano, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Miguel Torres, SA (Vilafranca del Penedès, Spain) (represented by: J. Güell Serra, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 10 September 2013 (Case R 18/2013-2), concerning opposition proceedings between Miguel Torres, SA, and Alma-The Soul of Italian Wine LLLP.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 September 2013 (Case R 18/2013-2);
2.Orders OHIM to bear its own costs and to pay the costs incurred by Alma-The Soul of Italian Wine LLLP;
3.Orders Miguel Torres, SA, to bear its own costs.
(*)
OJ C 24, 25.1.2014.