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Case T-447/15: Action brought on 3 August 2015 — Indecopi v OHIM — Synergy Group (PISCO SOUR)

ECLI:EU:UNKNOWN:62015TN0447

62015TN0447

August 3, 2015
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28.9.2015

EN

Official Journal of the European Union

C 320/43

(Case T-447/15)

(2015/C 320/60)

Language in which the application was lodged: Spanish

Parties

Applicant: Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (Indecopi) (San Borja, Peru) (represented by: M. Pomares Caballero and A. Pomares Caballero, lawyers)

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

Other party to the proceedings before the Board of Appeal: Synergy Group sp. z o.o. (Wrocław, Poland)

Details of the proceedings before OHIM

Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark containing the word element ‘PISCO SOUR’ — Application for registration No 1016 7682

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 3 June 2015 in Case R 1292/2014-4

Form of order sought

The applicant claims that the Court should:

alter the contested decision, by declaring that the requirements for the application of the relative ground for refusal laid down in Article 8(4) of Regulation No 207/2009 are met in the present case; and

order OHIM to pay its own costs and those of the applicant.

Pleas in law

Infringement of Article 23 of Regulation No 110/2008;

Infringement of Article 8(4) of Regulation No 207/2009.

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