Source: EURLEX
Language: en
Format: md

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| 21.12.2013 | EN | Official Journal of the European Union | C 377/18 |

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Action brought on 21 October 2013 — MHCS v OHIM — Compañía Vinícola del Norte de España (ICE IMPERIAL)

(Case T-555/13)

2013/C 377/41

Language in which the application was lodged: English

Parties

Applicant: MHCS (Epernay, France) (represented by: P. Boutron, N. Moya Fernández and L.-É. Balleydier, lawyers)

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

Other party to the proceedings before the Board of Appeal: Compañía Vinícola del Norte de España, SA (La Guardia, Spain)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 August 2013 given in Case R 2588/2011-2; |

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| — | Grant Community trade mark application No 8 837 379 for the word mark ‘ICE IMPERIAL’ for goods in Class 33; |

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| — | Order the defendant and the intervener to pay the costs of the present proceedings, as well as those incurred during the proceedings before the OHIM. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ICE IMPERIAL’ for goods and services in Classes 32, 33 and 43 — Community trade mark application No 8 837 379

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 237 875 of the figurative mark for ‘all kinds of wine except sparkling wine and sherry’ in Class 33; Spanish trade mark registration No 95 020 of the figurative mark for ‘any class of wines except sparkling wine and sherry wine’ in Class 33; Spanish trade mark registration No 1 508 304 of the word mark ‘IMPERIAL’ for ‘wines’ in Class 33

Decision of the Opposition Division: Upheld the opposition for all the contested goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 42(2) and (3) CTMR and Rule 22(3) of Commission Regulation (EC) No 2868/95 of 13 December 1995.

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