Source: EURLEX
Language: en
Format: md

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| 26.1.2008 | EN | Official Journal of the European Union | C 22/48 |

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Action brought on 23 November 2007 — Bodegas Montebello v OHIM — Montebello (MONTEBELLO RHUM AGRICOLE)

(Case T-430/07)

(2008/C 22/91)

Language in which the application was lodged: Spanish

Parties

Applicant: Bodegas Montebello, S.A. (Montilla, Spain) (represented by: T. Andrade Boué, M.I. Lehmann Novo, and A. Hernández Lehmann, 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: Montebello (limited company) (Guadalupe, France)

Form of order sought

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| — | annulment of OHIM's decision of 7 September 2007 in Case R 223/2007-2; |

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| — | rejection of Community trade mark No 2.666.386; |

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| — | order OHIM to pay the costs including those of the intervener. |

Pleas in law and main arguments

Applicant for a Community trade mark: Montebello (limited company)

Community trade mark concerned: figurative mark ‘MONTEBELLO Rhum Agricole’ (application No 2.266.386) for goods in Class 33 (alcoholic beverages, except beers).

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

Mark or sign cited in opposition: Spanish word mark ‘MONTEBELLO’ (No 1.148.196) for goods in Class 33.

Decision of the Opposition Division: opposition upheld.

Decision of the Board of Appeal: decision of the Opposition Division upheld and annulled.

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

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