CELEX: 62009TN0369
Language: en
Date: 2009-09-23 00:00:00
Title: Case T-369/09: Action brought on 22 September 2009 — Sociedade Quinta do Portal SA v OHIM — Vallegre–Vinhos do Porto (PORTO ALEGRE)

5.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/22
            
         Action brought on 22 September 2009 — Sociedade Quinta do Portal SA v OHIM — Vallegre–Vinhos do Porto (PORTO ALEGRE)
   (Case T-369/09)
   2009/C 297/32
   Language in which the application was lodged: Portuguese
   
      Parties
   
   
      Applicant: Sociedade Quinta do Portal SA (Lisbon, Portugal) (represented by: B. Belchior, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Vallegre–Vinhos do Porto SA (Sabrosa, Portugal)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in Case R 1012/2008–1, dismissing the appeal brought by the applicant against the decision of the Cancellation Division which declared the Community word mark PORTO ALEGRE invalid; and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: word mark PORTO ALEGRE, for goods in Class 33
   
      Proprietor of the Community trade mark: the applicant
   
      Applicant for the declaration of invalidity: the other party to the proceedings before the Board of Appeal
   
      Trade mark right of applicant for the declaration: earlier Portuguese word mark VISTA ALEGRE, for goods in Class 33
   
      Decision of the Cancellation Division: Community word mark PORTO ALEGRE declared invalid
   
      Decision of the Board of Appeal: appeal dismissed
   
      Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 in so far as the Board of Appeal misinterpreted that provision and, consequently, wrongly held that there was a likelihood of confusion between the marks in question.