Judgment — ECLI:EU:T:2016:199
Date: 2016-04-08
Language of the case: Spanish
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Spain

Action brought on 26 August 2014 — Frinsa del Noroeste v OHIM — Frisa Frigorífico Rio Doce (FRISA) (Case T-638/14) Language in which the application was lodged: Spanish Parties Applicant: Frinsa del Noroeste, SA (Santa Eugenia de Riviera, Spain) (represented by: J. Botella Reyna, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Frisa Frigorífico Rio Doce, SA (Espirito Santo, Brazil) Form of order sought The applicant claims that the General Court should: refuse registration of Community trade mark No 10 329 721 FRISA to distinguish goods in Class 29 and services in Classes 35 and 39. Pleas in law and main arguments Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal Community trade mark concerned: Figurative mark with word element ‘FRISA’ for goods and services in Classes 29, 35 and 39 — Application for Community trade mark No 10 329 721 Proprietor of the mark or sign cited in the opposition proceedings: Applicant Mark or sign cited in opposition: Figurative mark with word element ‘Frinsa’ for goods in Class 29 Decision of the Opposition Division: Opposition upheld in part Decision of the Board of Appeal: Decision of the Opposition Division annulled and opposition rejected in its entirety Pleas in law: In its decision of 1 July 2014 in Joined Cases R 1547/2013-4 and R 1851/2013-4, the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) did not proceed to examine the applicant’s arguments since it confined itself to deciding the cases in an identical manner, examining only the proof of use submitted during the proceedings.