Source: EURLEX
Language: en
Format: md

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| 3.11.2014 | EN | Official Journal of the European Union | C 388/23 |

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Action brought on 15 September 2014 — Instituto dos vinhos do Douro e do Porto v OHIM — Bruichladdich Distillery (PORT CARLOTTE)

(Case T-659/14)

2014/C 388/28

Language in which the application was lodged: English

Parties

Applicant: Instituto dos vinhos do Douro e do Porto, IP (Peso da Régua, Portugal) (represented by: P. Sousa e Silva, lawyer)

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

Other party to the proceedings before the Board of Appeal: Bruichladdich Distillery Co. Ltd (Argyll, United Kingdom)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 July 2014 given in Case R 946/2013-4; |

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| — | Order the defendant to pay the costs of proceedings, including those incurred in the proceedings before the Office. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘PORT CARLOTTE’ for goods in Class 33 — Community trade mark No 5 4 21  474

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: The grounds laid down in Article 52(1)(a) in conjunction with Article 7(1)(g), Article 53(1)(c) in conjunction with article 8(4) and Article 53(2)(d) of Regulation No 207/2009

Decision of the Cancellation Division: Rejected the cancellation request

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(c) and (g) and Article 53(2)(d) of Regulation No 207/2009

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