Action brought on 19 June 2008 - Abadía Retuerta v OHIM         (CUVÉE PALOMAR)

(Case T-237/08)

Language in which the application was lodged: Spanish

Parties

Applicant: Abadía Retuerta, S.A. (Sardón de Duero, Spain) (represented by X. Fàbrega Sabaté and Curell Aguilà, lawyers)

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

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 2 April 2008 in Case R 1185/2007-1, and

Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'CUVÉE PALOMAR' for goods in Class 33 (Application for Registration No 5.501.937).

Decision of the Examiner: Rejection of the application for registration.

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

Pleas in law: The application for the Community mark in question does not infringe Article 7(1)(j) of Council Regulation (EC) No 40/94 ¹ since it does not contain or consist of a false geographic indication.

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