Source: EURLEX
Language: en
Format: md

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| 6.11.2010 | EN | Official Journal of the European Union | C 301/61 |

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Action brought on 20 September 2010 — Cooperativa Vitivinícola Arousana v OHIM — Constantina Sotelo Ares (ROSALIA DE CASTRO)

(Case T-421/10)

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2010/C 301/98

Language in which the application was lodged: Spanish

Parties

Applicant: Cooperativa Vitivinícola Arousana, S. Coop. Galega (Meaño, Spain) (represented by: E Sánchez-Quiñones González, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Doña Constantina Sotelo Ares (Cambados, Spain)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of OHIM of 19 July 2010 in Case R 1804/2008-4; |

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| — | order that trade mark 5635867 ROSALIA DE CASTRO be granted in respect of Classes 32, 33 and 35; |

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| — | order the defendant to pay the costs, annulling the costs which the applicant was ordered to pay in the appeal. |

Pleas in law and main arguments

Applicant for a Community trade mark: Cooperativa Vitivínicola Arousana, S. Coop. Galega.

Community trade mark concerned: Word mark ‘ROSALIA DE CASTRO’ for goods and services in Classes 32, 33 and 35.

Proprietor of the mark or sign cited in the opposition proceedings: Doña Constantina Sotelo Ares.

Mark or sign cited in opposition: Spanish word mark ‘ROSALIA’ for goods and services in Class 33.

Decision of the Opposition Division: Opposition rejected.

Decision of the Board of Appeal: Appeal allowed and opposition upheld.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,[(1)](#ntr1-C_2010301EN.01006102-E0001) since there is no likelihood of confusion between the marks at issue.

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