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Case T-169/10: Action brought on 14 April 2010 — Grupo Osborne v OHIM — Industria Licorera Quezalteca (TORO XL)
ECLI:EU:UNKNOWN:62010TN0169
62010TN0169
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Valentina R., lawyer
5.6.2010
EN
Official Journal of the European Union
C 148/49
(Case T-169/10)
2010/C 148/79
Language in which the application was lodged: Spanish
Parties
Applicant: Grupo Osborne SA (El Puerto de Santa María, Spain) (represented by: J. Iglesias Monravá, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Industria Licorera Quezalteca, SA
Form of order sought
—Annul the decision dated 22.01.2010 of the Board of Appeal of OHIM in Case R 223/2009-2 refusing registration of the Community trade mark No 4 769 279 TORO XL in Class 33;
—Permit, consequently, registration of the Community trade mark No 4 769 279 TORO XL in Class 33, and
—Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Grupo Osborne.
Community trade mark concerned: Word mark ‘TORO XL’ (application for registration No 4 769 279) for goods and services in Classes 32, 33 and 43.
Proprietor of the mark or sign cited in the opposition proceedings: Industria Licorera Quezalteca, SA.
Mark or sign cited in opposition: Community figurative mark (No 4 027 124) containing the expression ‘XL’ for goods in Class 33 (alcoholic drinks).
Decision of the Opposition Division: Opposition rejected.
Decision of the Board of Appeal: Opposition upheld and application for registration refused.
Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.