Judgment — ECLI:EU:T:2016:594
Date: 2016-10-04
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Germany

Action brought on 25 July 2014 – Lidl Stiftung v OHIM – Horno del Espinar (Castello) (Case T-549/14) Language in which the application was lodged: English Parties Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter, M. Kefferpütz and A. Marx, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Horno del Espinar, SL (El Espinar, Spain) Form of order sought The applicant claims that the Court should: Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 April 2014 given in joined Cases R 1233/2013-2 and R 1258/2013-2; Order the defendant to pay the costs of proceedings. Pleas in law and main arguments Applicant for a Community trade mark: The applicant Community trade mark concerned: The word mark “Castello” for goods in Classes 29, 30 and 31 – Community trade mark application No 6 819 973 Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal Mark or sign cited in opposition: Numerous earlier Community and national trade marks containing, inter alia, the verbal element “Castelló” Decision of the Opposition Division: Partially upheld the opposition Decision of the Board of Appeal: Partially upheld the appeal Pleas in law: Infringement of Article 8(1)(b) CTMR.