Source: EURLEX
Language: en
Format: md

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| 10.11.2014 | EN | Official Journal of the European Union | C 395/46 |

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Judgment of the General Court of 25 September 2014 — Alma-The Soul of Italian Wine v OHIM — Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)

(Case T-605/13) [(1)](#ntr1-C_2014395EN.01004601-E0001)

((Community trade mark - Opposition proceedings - Application for Community figurative mark SOTTO IL SOLE ITALIANO SOTTO il SOLE - Earlier Community word mark VIÑA SOL - Relative ground for refusal - Article 75 of Regulation (EC) No 207/2009 - Duty to state reasons))

(2014/C 395/57)

Language of the case: English

Parties

Applicant: Alma-The Soul of Italian Wine LLLP (Bal Harbor, Florida, United States) (represented by: F. Terrano, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Miguel Torres, SA (Vilafranca del Penedès, Spain) (represented by: J. Güell Serra, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 September 2013 (Case R 18/2013-2), concerning opposition proceedings between Miguel Torres, SA, and Alma-The Soul of Italian Wine LLLP.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 September 2013 (Case R 18/2013-2); |

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| 2. | Orders OHIM to bear its own costs and to pay the costs incurred by Alma-The Soul of Italian Wine LLLP; |

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| 3. | Orders Miguel Torres, SA, to bear its own costs. |

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