Action brought on 16 September 2013 – La Rioja Alta v OHIM – Aldi Einkauf (VIÑA ALBERDI)

(Case T-489/13)

Language in which the application was lodged: Spanish

Parties

Applicant: La Rioja Alta, SA (Haro, Spain) (represented by: F. Pérez Álvarez, lawyer)

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

Other party to the proceedings before the Board of Appeal: Aldi Einkauf GmbH & Co. OHG (Essen, Germany)

Form of order sought

The applicant claims that the General Court should:

annul the decision of the Fourth Board of Appeal of OHIM in Case R 1190/2011-4 of 9 July 2013;

declare valid Community trade mark No 3 189 065 ‘VIÑA ALBERDI’ for ‘Alcoholic beverages (except beers), except wines from Italy’ in Class 33 of the International Nice Classification;

order OHIM and the other parties before the Court to pay the costs of these proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘VIÑA ALBERDI’ for goods in Classes 30, 32 and 33 – Community trade mark registration No 3 189 065

Proprietor of the Community trade mark: Applicant

Applicant for the declaration of invalidity of the Community trade mark: Aldi Einkauf GmbH & Co. OHG

Grounds for the application for a declaration of invalidity: Infringement of Article 8(1)(b) of Regulation No 207/2009 in conjunction with Article 53(1)(a) and (b) of the same regulation – Figurative mark with the word elements ‘VILLA ALBERTI’

Decision of the Cancellation Division: Application upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 in conjunction with Article 53(1)(a) and (b) of the same regulation