Source: EURLEX
Language: en
Format: md

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| 8.9.2014 | EN | Official Journal of the European Union | C 303/33 |

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Action brought on 11 June 2014 — Wine in Black v OHIM — Quinta do Noval — Vinhos (Wine in Black)

(Case T-420/14)

2014/C 303/41

Language in which the application was lodged: English

Parties

Applicant: Wine in Black GmbH (Berlin, Germany) (represented by: A. Bauer and V. Ahmann, lawyers)

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

Other party to the proceedings before the Board of Appeal: Quinta do Noval — Vinhos, SA (Pinhão, Portugal)

Form of order sought

The applicant claims that the Court should:

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| — | Fully set aside the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2014 in Case R 1601/2013-1; |

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| — | Award the costs of the proceedings against the defendant and the other party to the proceedings before the Board of Appeal of OHIM. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘Wine in Black’ for goods and services in classes 33, 35 and 42 — Community trade mark application No 1 0 9 49  071

Proprietor of the mark or sign cited in the opposition proceedings: Quinta do Noval — Vinhos, SA

Mark or sign cited in opposition: The word mark ‘NOVAL BLACK’ for goods in class 33

Decision of the Opposition Division: The opposition was upheld

Decision of the Board of Appeal: The appeal was dismissed

Pleas in law: Violation of Art. 8 (1) (b) of Regulation No 207/2009

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