Source: EURLEX
Language: en
Format: md

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| 25.10.2008 | EN | Official Journal of the European Union | C 272/27 |

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Action brought on 19 June 2008 — Abadía Retuerta v OHIM (CUVÉE PALOMAR)

(Case T-237/08)

(2008/C 272/52)

Language in which the application was lodged: Spanish

Parties

Applicant: Abadía Retuerta, S.A. (Sardón de Duero, Spain) (represented by X. Fàbrega Sabaté and Curell Aguilà, lawyers)

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

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 2 April 2008 in Case R 1185/2007-1, and |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘CUVÉE PALOMAR’ for goods in Class 33 (Application for Registration No 5.501.937).

Decision of the Examiner: Rejection of the application for registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: The application for the Community mark in question does not infringe Article 7(1)(j) of Council Regulation (EC) No 40/94[(1)](#ntr1-C_2008272EN.01002701-E0001) since it does not contain or consist of a false geographic indication.

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