Action brought on 6 September 2011 - Oster Weinkellerei v OHIM - Viñedos Emiliana (Igama)

(Case T -474/11)

Language in which the application was lodged: German

Parties

Applicant: Andreas Oster Weinkellerei KG (Cochem, Germany) (represented by: N. Schindler, lawyer)

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

Other party to the proceedings before the Board of Appeal: Viñedos Emiliana, SA (Santiago, Chile)

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 22 June 2011 in Case R 637/2010-2;

Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to bear its own costs and pay the applicant's costs;

In the alternative, stay the proceedings until delivery of a legally binding decision in the invalidity proceedings pending before OHIM concerning filing reference 000005716 C.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark 'Igama' for goods in Class 33.

Proprietor of the mark or sign cited in the opposition proceedings: Viñedos Emiliana, SA.

Mark or sign cited in opposition: Word mark 'GAMMA' for goods in Class 33.

Decision of the Opposition Division: The opposition was upheld.

Decision of the Board of Appeal: The appeal was dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009, since there is no likelihood of confusion between the marks at issue.

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