Official Journal of the European Union

C 72/21

(Case T-595/10)

2011/C 72/36

Language in which the application was lodged: Italian

Parties

Applicant: Alberto Zenato (Verona, Italy) (represented by: A. Rizzoli, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Camera di Commercio Industria Artigianato e Agricoltura di Verona (Verona, Italy)

Form of order sought

The applicant claims that the Court should:

—declare the present action, together with the related annexes, admissible;

—annul the decision of the Board of Appeal in so far as it annuls the contested decision and orders the costs of the appeal proceedings to be shared;

—uphold, in consequence, the decision of the Opposition Division;

—order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Alberto Zenato.

Community trade mark concerned: Word mark ‘RIPASSA’ (registration application No 106 955) for goods in Class 33.

Proprietor of the mark or sign cited in the opposition proceedings: Camera di Commercio Industria Artigianato e Agricoltura di Verona.

Mark or sign cited in opposition: Italian word mark ‘VINO DI RIPASSO’ (No 528 778) for goods in Class 33.

Decision of the Opposition Division: Opposition rejected.

Decision of the Board of Appeal: Contested decision annulled and case remitted to the Opposition Division.

Pleas in law: Infringement and misapplication of Article 8(1)(b) of Regulation No 207/2009.