EN

Official Journal of the European Union

C 14/53

(Case T-806/16)

(2017/C 014/63)

Language in which the application was lodged: Spanish

Parties

Applicant: Agricola J.M., SL (Girona, Spain) (represented by: J. Clos Creus, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Miguel Torres, SA (Vilafranca del Penedès, Spain).

Details of the proceedings before EUIPO

Applicant: Applicant

Trade mark at issue: European Union word mark ‘CLOS DE LA TORRE’ — Application for registration No 13 029 533

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 28 July 2016 in Case R 2099/2015-5

Form of order sought

The applicant claims that the Court should:

—annul the decision of the Fifth Board of Appeal of EUIPO of 28 July 2016;

—annul the decision of the Opposition Division of EUIPO of 7 August 2015, which upheld the opposition against all the products in class 33: ‘alcoholic beverages (except beers)’ by refusing the Community trade mark for all the contested goods;

—alter earlier decisions by granting registration of the mark to the applicant for all the goods in class 33;

—order EUIPO to pay the costs of this action.

Pleas in law

—Infringement of Article 8(1)(b) of Regulation No 207/2009 and of the case-law arising from cases similar to the present case.