EN

Official Journal of the European Union

C 171/39

(Case T-151/08)

(2008/C 171/74)

Language in which the application was lodged: English

Parties

Applicant: Victor Guedes-Indústria e Comércio, SA (Lisbon, Portugal) (represented by: B. Braga da Cruz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Consorci de l'Espai Rural de Gallecs (Barcelona, Spain)

Form of order sought

—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 January 2008 in case R 986/2007-2;

—order OHIM to refuse the grant of the registration of Community trademark No 3 710 597 in respect of the goods in classes 29 and 31: and

—order the other party to the proceedings before the Board of Appeal to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: Consorci de l'Espai Rural de Gallecs

Community trade mark concerned: The figurative mark ‘GALLECS’ for goods in classes 29 and 31 — application No 3 710 597

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The national figurative mark ‘GALLO’ for goods in class 29; the national figurative mark ‘GALLO AZEITE NOVO’ for goods in class 29; the national figurative mark ‘AZEITE GALLO’ for goods in class 29; the national mark ‘GALLO AZEITE NOVO’ for goods in class 29; the Community figurative mark ‘GALLO’ for goods in class 29

Decision of the Opposition Division: Rejection of the opposition in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) and of Article 8(5) of Council Regulation No 40/94 as the contested mark is similar to earlier marks and its use would be detrimental to the distinctive character of such, taking into account the usual practices in the relevant commercial sector as well as the other circumstances of the case.