4.7.2009

Official Journal of the European Union

C 153/40

(Case T-138/09)

2009/C 153/79

Language in which the application was lodged: Spanish

Parties

Applicant: Félix Muñoz Arraiza (Logroño, Spain) (represented by: J. Grimau Muñoz and J. Villamor Muguerza, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Consejo Regulador de la Denominación de Origen Calificada Rioja (Logroño, Spain)

Form of order sought

—annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 29 January 2009 in Case R 721/2008-2, allowing the application for registration of “RIOJAVINA” (word mark) as a Community trade mark in classes 29, 30 and 35;

—make an express order as to costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Félix Muñoz Arraiza

Community trade mark concerned: Word mark “RIOJAVINA” (Application No 4 121 621) for goods and services in classes 29, 30 and 35.

Proprietor of the mark or sign cited in the opposition proceedings: Consejo Regulador de la Denominación de Origen Calificada Rioja

Mark or sign cited in opposition: Various registered marks, including in particular the Community figurative mark “RIOJA” (No 226 118) for goods in class 33 and the International figurative mark “RIOJA” (No 655 291) for goods in class 33.

Decision of the Opposition Division: Partial acceptance of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1) (replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).