Case T-182/07: Action brought on 29 May 2007 — Borco-Marken-Import Matthiesen v OHMI — Tequilas del Señor (TEQUILA GOLD Sombrero Negro)
Date: 2007-07-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, trade-mark law

21.7.2007

EN

Official Journal of the European Union

C 170/33

Form of order sought

— annulment of the decision of the Fourth Board of Appeal of
OHIM of 12 March 2007 concerning the application for a
Community trade mark STEADYCONTROL No 3 560 935
(R 8/2006-4) in its entirety.

Designs) of 7 March 2007 in Case R 1285/2005-1 be
annulled;

— the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) be ordered to pay the costs incurred by
the applicant.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘STEADYCONTROL’
in respect of goods in Classes 9, 12 and 38 (application
No 3 560 935)

Decision of the Examiner: Partial refusal of registration in respect
of products in Classes 9 and 12

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:
Infringement of Article 7(1)(b) and (c) and of
Article 7(2) of Council Regulation No 40/94 (1) in so far as,
according to the applicant and in contrast to the grounds of the
contested decision, the word ‘STEADYCONTROL’ is not descrip-
tive and allows the goods applied for to be distinguished.

Applicant for the Community trade mark: Tequilas del Señor SA de
CV

Community trade mark concerned: The figurative Community trade
mark ‘TEQUILA GOLD Sombrero Negro’ for goods in Class 33
— application No 2 722 122

Proprietor of the mark or sign cited in the opposition proceedings:
Borco-Marken-Import Matthiesen GmbH & Co. KG

Mark or sign cited: The figurative national trade marks containing
the word elements ‘SIERRA’ and ‘CACTUS JACK SHOOTER’ as
well as the figurative national
trade mark picturing a ‘red
sombrero hat’ for goods in Class 33

Decision of the Opposition Division: Rejected the opposition

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994, L 11, p. 1).

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation (EC) No 40/94.

Action brought on 29 May 2007 — Borco-Marken-Import
Matthiesen v OHMI — Tequilas del Señor (TEQUILA
GOLD Sombrero Negro)

(Case T-182/07)

(2007/C 170/64)

Language in which the application was lodged: English

Parties

Applicant: Borco-Marken-Import Matthiesen GmbH & Co. KG
(Hamburg, Germany) (represented by: M. Wolter, laywer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Tequilas
del Señor S A de CV (Guadalajara, Mexico)

Form of order sought

The applicant requests that:

— The decision of the First Board of Appeal of the Office for
(Trade Marks and

Harmonisation in the Internal Market

Action brought on 25 May 2007 — Avon Products v OHIM
(ANEW ALTERNATIVE)

(Case T-184/07)

(2007/C 170/65)

Language of the case: English

Parties

Applicant: Avon Products, Inc. (New York, United States) (repre-
sented by: C. Heitmann-Lichtenstein, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Form of order sought

— Annul

the decision of

the Second Board of Appeal of
the Office
Internal Market
(Trade Marks and Designs) of 22 March 2007 in Case
R 1471/2006-2;

for Harmonisation in the

— order the defendant to pay the costs.