# C_2015198EN.01004301.xml

| 15.6.2015 | EN | Official Journal of the European Union | C 198/43 |
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15.6.2015

EN

Official Journal of the European Union

C 198/43

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Action brought on 21 April 2015 — Bodegas Williams & Humbert v OHIM — Central Hisumer (Botanic Williams & Humbert)

(Case T-193/15)

(2015/C 198/59)

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Bodegas Williams & Humbert, SA (Cádiz, Spain) (represented by: A. Gómez López, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Central Hisumer, SL (Orihuela, Spain)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Applicant: Applicant

Applicant:

Trade mark at issue: Community figurative mark in blue, grey, white and black containing the word elements ‘Botanic Williams & Humbert’ — Application for registration No 11 184 819

Trade mark at issue:

Procedure before OHIM: Opposition proceedings

Procedure before OHIM

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 23 February 2015 in Case R 594/2014-4

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | declare as not being in accordance with Regulation EC No 207/2009 on the Community trade mark, the decision of 9 December 2010 of the Fourth Board of Appeal of OHIM, in Case R 594/2014-4, dismissing the administrative appeal brought against the decision of the Opposition Division of OHIM of 20 December 2013, made in opposition proceedings No B 2 128 026, and thereby refusing registration of Community Trademark No 11.184.819 BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN, composite mark in Class 33; |
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declare as not being in accordance with Regulation EC No 207/2009 on the Community trade mark, the decision of 9 December 2010 of the Fourth Board of Appeal of OHIM, in Case R 594/2014-4, dismissing the administrative appeal brought against the decision of the Opposition Division of OHIM of 20 December 2013, made in opposition proceedings No B 2 128 026, and thereby refusing registration of Community Trademark No 11.184.819 BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN, composite mark in Class 33;

| — | allow registration of the composite Community trade mark No 11.184.819 BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN, in Class 33, as the prohibition on registration provided for in Article 8(1)(b) and Article 8(5) of Regulation No 207/2009 does not apply; |
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allow registration of the composite Community trade mark No 11.184.819 BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN, in Class 33, as the prohibition on registration provided for in Article 8(1)(b) and Article 8(5) of Regulation No 207/2009 does not apply;

| — | order OHIM, and if appropriate, the intervener, to pay the costs. |
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order OHIM, and if appropriate, the intervener, to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
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Infringement of Article 8(1)(b) of Regulation No 207/2009.

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