Case T-291/07: Action brought on 1 August 2007 — Viñedos y Bodegas Príncipe Alfonso de Hohenlohe v OHIM — Byass (ALFONSO)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Spain, action for annulment (EU), beverage industry, trade-mark law, wine

6.10.2007

EN

Official Journal of the European Union

C 235/19

Pleas in law: Infringement of Article 8(1)(b) CTMR

The applicant claims that the contested decision is inconsistent
with Article 8(1)(b) CTMR insofar as the Board held there was
no likelihood of confusion between the conflicting marks, due
to a lack of similarity of the signs concerned.

Decision of
appealed annulled.

the Board of Appeal: Appeal upheld and decision

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 (1) on the Community trade mark.

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

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

Action brought on 1 August 2007 — Viñedos y Bodegas
Príncipe Alfonso de Hohenlohe v OHIM — Byass
(ALFONSO)

(Case T-291/07)

(2007/C 235/34)

Language in which the application was lodged: Spanish

Action brought on 27 July 2007 — Stepek v OHIM —
Masters Golf Company (GOLF-FASHION MASTERS THE
CHOICE TO WIN)

(Case T-294/07)

(2007/C 235/35)

Parties

Language in which the application was lodged: German

Applicant: Viñedos y Bodegas Príncipe Alfonso de Hohenlohe
(Cenicero, Spain) (represented by: M Lobato García-Miján and B.
Díaz de Escauriaza, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
González Byass, S. A.

Form of order sought

— Annul the decision of the Second Board of Appeal of the
Office of 29 May 2007 upholding the appeal brought by
GONZÁLEZ BYASS, S.A. against the decision of the Opposi-
tion Division of 6 July 2007 which upheld the opposition
filed by the applicant against the application for the Com-
munity trade mark ALFONSO;

— Order the Office to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: GONZÁLEZ BYASS, S.A.

Community trade mark concerned: Word mark ‘ALFONSO’ (appli-
cation for registration No 3398278) for goods in Classes 30
(vinegars), 32 (beers, mineral and aerated waters and other non-
alcoholic drinks, fruit drinks and fruit juices, syrups and other
preparations for making beverages) and 33 (sherries).

Parties

Applicant: Wilhelm Stepek (Stadl-Paura, Austria) (represented by:
H. Heigl, W. Berger and G. Lehner, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
The Masters Golf Company Ltd.

Form of order sought

that

— acknowledgement

the First Board of Appeal of

the
Office for Harmonisation in the Internal Market was
wrong to adopt
the decision of 23 May 2007 in Case
R 95/2007-1;

— annulment of the decision of the First Board of Appeal of
the Office for Harmonisation in the Internal Market of
23 May 2007 in Case R 95/2007-1;

— an order that The Masters Golf Company Ltd pays the appli-

cant the costs of the proceedings.

Pleas in law and main arguments

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant.

Applicant for a Community trade mark: Wilhelm Stepek.

Mark or sign cited in opposition: Community and national word
marks ‘PRÍNCIPE ALFONSO’, for goods in Class 33.

Decision of
the Opposition Division: Opposition in relation to
‘sherries’ upheld and application for registration for those goods
refused.

Community trade mark concerned: The figurative mark ‘GOLF-
FASHION MASTERS THE CHOICE TO WIN’
for goods in
Classes 3, 9, 12, 18, 24, 25 and 28 (application No 3 136 041).

Proprietor of the mark or sign cited in the opposition proceedings: The
Masters Golf Company Ltd.