CELEX: 62010TN0584
Language: en
Date: 2010-12-27 00:00:00
Title: Case T-584/10: Action brought on 27 December 2010 — Yilmaz v OHIM — Tequila Cuervo (TEQUILA MATADOR HECHO EN MEXICO)

19.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/32
            
         Action brought on 27 December 2010 — Yilmaz v OHIM — Tequila Cuervo (TEQUILA MATADOR HECHO EN MEXICO)
   (Case T-584/10)
   2011/C 55/57
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Mustafa Yilmaz (Stuttgart, Germany) (represented by: F. Kuschmirek, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Tequila Cuervo, SA de CV (Tlaquepaque, Mexico)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 October 2010 in case R 1162/2009-2; and
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative mark ‘TEQUILA MATADOR HECHO EN MEXICO’, for goods in class es 32 and 33 — Community trade mark application No 3975117
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: German trade mark registration No 30205053.1 of the word mark ‘MATADOR’ for goods in class 32; International trade mark registration No 792051 of the word mark ‘MATADOR’ for goods in class 32
   
      Decision of the Opposition Division: Upheld the opposition for all the contested goods
   
      Decision of the Board of Appeal: Annulled the contested decision
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that there was no likelihood of confusion, as the trade marks in question are confusingly similar with regard to the goods for which the applied for trade mark seeks protection.