Judgment — ECLI:EU:T:2015:312
Date: 2015-05-21
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Germany

Action brought on 11 June 2014 – Wine in Black v OHIM – Quinta do Noval – Vinhos (Wine in Black) (Case T-420/14) Language in which the application was lodged: English Parties Applicant: Wine in Black GmbH (Berlin, Germany) (represented by: A. Bauer and V. Ahmann, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Quinta do Noval – Vinhos, SA (Pinhão, Portugal) Form of order sought The applicant claims that the Court should: Fully set aside the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2014 in Case R 1601/2013-1; Award the costs of the proceedings against the defendant and the other party to the proceedings before the Board of Appeal of OHIM. Pleas in law and main arguments Applicant for a Community trade mark: The applicant Community trade mark concerned: The word mark “Wine in Black” for goods and services in classes 33, 35 and 42 – Community trade mark application No 10 949 071 Proprietor of the mark or sign cited in the opposition proceedings: Quinta do Noval – Vinhos, SA Mark or sign cited in opposition: The word mark “NOVAL BLACK” for goods in class 33 Decision of the Opposition Division: The opposition was upheld Decision of the Board of Appeal: The appeal was dismissed Pleas in law: Violation of Art. 8 (1) (b) of Regulation No 207/2009