# C_2004284EN.01002301.xml

| 20.11.2004 | EN | Official Journal of the European Union | C 284/23 |
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20.11.2004

EN

Official Journal of the European Union

C 284/23

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Action brought on 31 August 2004 by Koipe Corporación S.L. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-363/04)

(2004/C 284/46)

Language in which the application was submitted: Spanish

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM) was brought before the Court of First Instance of the European Communities on 31 August 2004 by Koipe Corporación S.L., established in San Sebastián (Spain), represented by Marcos Fernández de Béthencourt, lawyer.

The applicant claims that the Court should:

| — | annul the decision of the Fourth Board of Appeal of OHIM of 11 May 2004 in Case R-1109/2000-4; |
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annul the decision of the Fourth Board of Appeal of OHIM of 11 May 2004 in Case R-1109/2000-4;

| — | declare the mark applied for to be invalid or, as the case may be, order refusal of the application for a Community trade mark, No 236.588, ‘LA ESPAÑOLA’, in respect of all the goods claimed; and |
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declare the mark applied for to be invalid or, as the case may be, order refusal of the application for a Community trade mark, No 236.588, ‘LA ESPAÑOLA’, in respect of all the goods claimed; and

| — | order OHIM, and any person intervening whose claims are not upheld, to pay the costs. |
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order OHIM, and any person intervening whose claims are not upheld, to pay the costs.

Pleas in law and main arguments:

| Applicant for Community trade mark: | Aceites del Sur S.A. |
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| Community trade mark sought: | Figurative mark ‘LA ESPAÑOLA’ – Application No 236.588 for goods in classes 29 (edible oils and fats) and 30 (mayonnaise made with olive oil) |
| Proprietor of mark or sign cited in the opposition proceedings: | The applicant, which is the successor to KOIPE S.A., the firm which appeared before the Board of Appeal, as regards ownership of the marks on the basis of which the opposition proceedings were brought. |
| Mark or sign cited in opposition. | The Community (No 338.681), international (Nos 244.428 and 528.369) and national (Spanish registrations Nos 1.238.745, 1.698.613, 28.270 and 252.738 and United Kingdom registrations Nos 730.990 and 2.043.818 inter alia) figurative marks ‘CARBONELL’, for goods in class 29 (olive oil and pure olive oil). |
| Decision of the Opposition Division: | Opposition rejected. |
| Decision of the Board of Appeal: | Appeal dismissed. |
| Pleas in law: | Incorrect interpretation of Article 8(1)(b), (2)(c) and (5) of Regulation (EC) No 40/94. |

Applicant for Community trade mark:

Aceites del Sur S.A.

Community trade mark sought:

Figurative mark ‘LA ESPAÑOLA’ – Application No 236.588 for goods in classes 29 (edible oils and fats) and 30 (mayonnaise made with olive oil)

Proprietor of mark or sign cited in the opposition proceedings:

The applicant, which is the successor to KOIPE S.A., the firm which appeared before the Board of Appeal, as regards ownership of the marks on the basis of which the opposition proceedings were brought.

Mark or sign cited in opposition.

The Community (No 338.681), international (Nos 244.428 and 528.369) and national (Spanish registrations Nos 1.238.745, 1.698.613, 28.270 and 252.738 and United Kingdom registrations Nos 730.990 and 2.043.818 inter alia) figurative marks ‘CARBONELL’, for goods in class 29 (olive oil and pure olive oil).

Decision of the Opposition Division:

Opposition rejected.

Decision of the Board of Appeal:

Appeal dismissed.

Pleas in law:

Incorrect interpretation of Article 8(1)(b), (2)(c) and (5) of Regulation (EC) No 40/94.

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