Source: EURLEX
Language: en
Format: md

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| 8.9.2014 | EN | Official Journal of the European Union | C 303/56 |

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Action brought on 18 April 2014 — Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris v OHIM — Vicente Gandía Pla (ILLIRIA)

(Case T-541/14)

2014/C 303/67

Language in which the application was lodged: English

Parties

Applicant: Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris Srl (Salice Salentino, Italy) (represented by: D. Russo, lawyer)

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

Other party to the proceedings before the Board of Appeal: Vicente Gandía Pla SA (Chiva, Spain)

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 21 May 2014 given in Case R 917/2013-4; |

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| — | Award the applicant the costs of proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the verbal elements ‘ILLIRIA’ for ‘wines’ in Class 33 — Community trade mark application No 1 0 5 99  033

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No. 8 2 99  653

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: annulled the contested decision and upheld the opposition

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

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