Action brought on 1 August 2007 - Viñedos y Bodegas Príncipe Alfonso de Hohenlohe v OHIM - Byass (ALFONSO)

(Case T -291/07)

Language in which the application was lodged: Spanish

Parties

Applicant: Viñedos y Bodegas Príncipe Alfonso de Hohenlohe (Cenicero, Spain) (represented by: M Lobato García-Miján and B. Díaz de Escauriaza, 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: González Byass, S. A.

Form of order sought

Annul the decision of the Second Board of Appeal of the Office of 29 May 2007 upholding the appeal brought by GONZÁLEZ BYASS, S.A. against the decision of the Opposition Division of 6 July 2007 which upheld the opposition filed by the applicant against the application for the Community trade mark ALFONSO;

Order the Office to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: GONZÁLEZ BYASS, S.A.

Community trade mark concerned: Word mark 'ALFONSO' (application for registration No 3398278) for goods in Classes 30 (vinegars), 32 (beers, mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices, syrups and other preparations for making beverages) and 33 (sherries).

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Community and national word marks 'PRÍNCIPE ALFONSO', for goods in Class 33.

Decision of the Opposition Division: Opposition in relation to 'sherries' upheld and application for registration for those goods refused.

Decision of the Board of Appeal: Appeal upheld and decision appealed annulled.

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94¹ on the Community trade mark

____________

¹ - Council Regulation No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994,L 11, p. 1)