CELEX: 62010TJ0276
Community trade mark
Invalidity proceedings
Figurative Community mark COTO DE GOMARIZ
Prior Community word marks COTO DE IMAZ and EL COTO
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 April 2010 (Case R 1020/2008‑4) concerning
invalidity proceedings between El Coto de Rioja, SA and Ms María Álvarez Serrano.
Operative part
The Court:
1.
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) of 28 April 2010 (Case R 1020/2008‑4) in so far as the assessment of the Board of Appeal as to the similarity of
the signs in question is incorrect;
2.
Dismisses the remainder of the action;
3.
Orders OHIM to pay the costs.