Judgment — ECLI:EU:T:2014:812
Date: 2014-09-25
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful

Judgment of the General Court of 25 September 2014 — Alma-The Soul of Italian Wine v OHIM — Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE) (Case T-605/13) 1 (Community trade mark — Opposition proceedings — Application for Community figurative mark SOTTO IL SOLE ITALIANO SOTTO il SOLE — Earlier Community word mark VIÑA SOL — Relative ground for refusal — Article 75 of Regulation (EC) No 207/2009 — Duty to state reasons) Language of the case: English Parties Applicant: Alma-The Soul of Italian Wine LLLP (Bal Harbor, Florida, United States) (represented by: F. Terrano, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent) Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Miguel Torres, SA (Vilafranca del Penedès, Spain) (represented by: J. Güell Serra, lawyer) Re: Action brought against the decision of the Second Board of Appeal of OHIM of 10 September 2013 (Case R 18/2013-2), concerning opposition proceedings between Miguel Torres, SA, and Alma-The Soul of Italian Wine LLLP. Operative part of the judgment The Court: 1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 September 2013 (Case R 18/2013-2); 2. Orders OHIM to bear its own costs and to pay the costs incurred by Alma-The Soul of Italian Wine LLLP; 3. Orders Miguel Torres, SA, to bear its own costs. ____________ ____________ 1 OJ C 24, 25.1.2014.