Source: EURLEX
Language: en
Format: md

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| 21.7.2007 | EN | Official Journal of the European Union | C 170/33 |

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Action brought on 29 May 2007 — Borco-Marken-Import Matthiesen v OHMI — Tequilas del Señor (TEQUILA GOLD Sombrero Negro)

(Case T-182/07)

(2007/C 170/64)

Language in which the application was lodged: English

Parties

Applicant: Borco-Marken-Import Matthiesen GmbH & Co. KG (Hamburg, Germany) (represented by: M. Wolter, laywer)

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

Other party to the proceedings before the Board of Appeal: Tequilas del Señor S A de CV (Guadalajara, Mexico)

Form of order sought

The applicant requests that:

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| — | The decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 March 2007 in Case R 1285/2005-1 be annulled; |

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| — | the Office for Harmonisation in the Internal Market (Trade Marks and Designs) be ordered to pay the costs incurred by the applicant. |

Pleas in law and main arguments

Applicant for the Community trade mark: Tequilas del Señor SA de CV

Community trade mark concerned: The figurative Community trade mark ‘TEQUILA GOLD Sombrero Negro’ for goods in Class 33 — application No 2 722 122

Proprietor of the mark or sign cited in the opposition proceedings: Borco-Marken-Import Matthiesen GmbH & Co. KG

Mark or sign cited: The figurative national trade marks containing the word elements ‘SIERRA’ and ‘CACTUS JACK SHOOTER’ as well as the figurative national trade mark picturing a ‘red sombrero hat’ for goods in Class 33

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94.

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