Judgment of the General Court (Sixth Chamber) of 15 November 2011 – El Coto De Rioja v OHIM – Álvarez Serrano (COTO DE GOMARIZ)

(Case T-276/10)

Community trade mark – Invalidity proceedings – Figurative Community mark COTO DE GOMARIZ – Prior Community word marks COTO DE IMAZ and EL COTO – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Existence of an identical or similar earlier trade mark registered for identical or similar goods or services (Council Regulation No 207/2009, Arts 8(1)(b) and 53(1)(a)) (see paras 22, 49, 52-54)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 April 2010 (Case R 1020/2008‑4) concerning invalidity proceedings between El Coto de Rioja, SA and Ms María Álvarez Serrano.

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 April 2010 (Case R 1020/2008‑4) in so far as the assessment of the Board of Appeal as to the similarity of the signs in question is incorrect;

2. Dismisses the remainder of the action;

3. Orders OHIM to pay the costs.