CELEX: 62009TN0358
Language: en
Date: 2009-09-16 00:00:00
Title: Case T-358/09: Action brought on 16 September 2009 — Sociedad Agricola Requingua v OHIM — Consejo Regulador de la Denominación de Origen Toro (TORO DE PIEDRA)

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/79
            
         Action brought on 16 September 2009 — Sociedad Agricola Requingua v OHIM — Consejo Regulador de la Denominación de Origen Toro (TORO DE PIEDRA)
   (Case T-358/09)
   2009/C 267/141
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicants: Sociedad Agricola Requingua Ltda (Santiago, Chile) (represented by: E. Vorbuchner, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Consejo Regulador de la Denominación de Origen Toro (Toro, Spain)
   
      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 18 June 2009 in case R 1117/2008-2;
            
         
               —
            
            
               Order the defendant to bear all the costs, i.e. the costs of the opposition proceedings, the proceedings before the Board of Appeal and the present proceedings; and
            
         
               —
            
            
               Order the other party to the proceedings before the Board of Appeal to pay its own costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark “TORO DE PIEDRA”, for goods in class 33
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited: Community trade mark registration of the figurative mark “D. ORIGEN TORO” for goods in class 33; Spanish trade mark registration of the figurative mark “Denominación de Origen TORO” for goods in class 33
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned; infringement of Article 75(2) of Council Regulation 207/2009 and the right to be heard as the Board of Appeal failed to hear the latest submission of the applicant; infringement of the obligation to state reasons according to Article 75(1) of Council Regulation 207/2009, as the Board of Appeal failed to reason why it abstained from taking the latest submission of the applicant into account.