CELEX: 62013TN0605
Language: en
Date: 2013-11-21 00:00:00
Title: Case T-605/13: Action brought on 21 November 2013 — Alma — The Soul of Italian Wine v OHIM — Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)

25.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/32
            
         Action brought on 21 November 2013 — Alma — The Soul of Italian Wine v OHIM — Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)
   (Case T-605/13)
   2014/C 24/59
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Alma — The Soul of Italian Wine LLLP (Bal Harbor, United States) (represented by: F. Terrano, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Miguel Torres, SA (Vilafranca del Penedès, Spain)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 September 2013 given in Case R 18/2013-2;
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark containing the verbal elements ‘SOTTO IL SOLE ITALIANO SOTTO il SOLE’ — Community trade mark application No 9 784 539
   
      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 in opposition: Community trade mark registrations Nos 462 523, 6 373 971 and Spanish trade mark registrations Nos 152 231, 715 524, 2 796 505
   
      Decision of the Opposition Division: Upheld the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal and rejected the CTM application in its entirety
   
      Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.