Action brought on 18 April 2014 – Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris v OHIM - Vicente Gandía Pla (ILLIRIA)

(Case T-541/14)

Language in which the application was lodged: English

Parties

Applicant: Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris Srl (Salice Salentino, Italy) (represented by: D. Russo, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Vicente Gandía Pla SA (Chiva, Spain)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 May 2014 given in Case R 917/2013-4;

Award the applicant 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 “ILLIRIA” for “wines” in Class 33 – Community trade mark application No 10 599 033

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 registration No. 8 299 653

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: annulled the contested decision and upheld the opposition

Pleas in law: Infringement of Article 8(1)(b) CTMR.