CELEX: 62012TN0536
Language: en
Date: 2012-12-12 00:00:00
Title: Case T-536/12: Action brought on 12 December 2012 — Aroa Bodegas v OHIM — Bodegas Muga (aroa)

9.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/25
            
         Action brought on 12 December 2012 — Aroa Bodegas v OHIM — Bodegas Muga (aroa)
   (Case T-536/12)
   2013/C 38/46
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Aroa Bodegas, SL (Zurukoain, Spain) (represented by: S. Alonso Maruri, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Bodegas Muga, SL (Haro, Spain)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
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               annul and therefore declare inapplicable the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 October 2012 in Case R 1845/2010-4;
            
         
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               annul and therefore declare inapplicable the decision of the Opposition Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2010 (opposition B1509499);
            
         
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               order the Office for Harmonisation in the Internal Market to pay the costs incurred by the applicant.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: Figurative mark with the word element ‘aroa’ for goods in Classes 29, 32 and 33 — Community trade mark application No 8 276 297
   
      Proprietor of the mark or sign cited in the opposition proceedings: Bodegas Muga, SL
   
      Mark or sign cited in opposition: National figurative mark with word element ‘aro’ for goods in Class 33
   
      Decision of the Opposition Division: Opposition upheld
   
      Decision of the Board of Appeal: Appeal allowed in part
   
      Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009