Action brought on 4 May 2010 - Cervecería Modelo v OHIM - Plataforma Continental (LA VICTORIA DE MEXICO)

(Case T-205/10)

Language in which the application was lodged: Spanish

Parties

Applicant: Cervecería Modelo, SA de CV (represented by: C. Lema Devesa, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Plataforma Continental, SL (Madrid, Spain)

Form of order sought

Annul partially the decision of 5 March 2010 (Case R/322/2009-2) of the Second Board of Appeal of the Office for Harmonisation in the Internal Market, solely to the extent that it refuses registration of the mark 'LA VICTORIA DE MÉXICO' for goods in Class 32 of the Classification and, consequently declare that its registration can proceed, and

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Cervecería.

Community trade mark concerned: Word mark 'LA VICTORIA DE MÉXICO' (application for registration No 4 551 214) for goods and services in Classes 25, 32 and 43.

Proprietor of the mark or sign cited in the opposition proceedings: PLATAFORMA CONTINENTAL S.L.

Mark or sign cited in opposition: Community figurative mark containing the word element 'VICTORIA' (No 2 632 271) for goods in Classes 31, 32 and 33; and Spanish word mark 'VICTORIA' (No 1 648 564) for goods in Class 32.

Decision of the Opposition Division: Rejection of the opposition in its entirety

Decision of the Board of Appeal: Partial annulment of the decision under appeal and partial refusal of the application for registration.

Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.

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