Action brought on 19 August 2008 - Hess Group v OHIM - Coloma Navarro (COLOMÉ)

(Case T-341/08)

Language in which the application was lodged: Spanish

Parties

Applicant: Hess Group AG (Berna, Switzerland) (represented by: E. Armijo Chávarri, A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: José Félix Coloma Navarro (Badajoz, Spain)

Form of order sought

Declare the action against the Decision of the First Board of Appeal of OHIM of 21 May 2008 lodged in time and in the required form and, via the appropriate procedure, order the annulment of that decision and order expressly that OHIM pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark 'COLOMÉ' for goods in Class 33 (wines) (Application for Registration No 2.140.283).

Proprietor of the Community trade mark: The applicant.

Applicant for the declaration of invalidity: D. José Félix Coloma Navarro.

Trade mark right of applicant for the declaration: Spanish figurative marks 'COLOMA' for goods in Class 33 (wines).

Decision of the Cancellation Division: Application for declaration of invalidity upheld.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.

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