Action brought on 22 June 2010 - El Coto De Rioja v OHIM - Álvarez Serrano (COTO DE GOMARIZ)

(Case T-276/10)

Language in which the application was lodged: Spanish

Parties

Applicant: El Coto De Rioja, S.A. (Oyón, Alava) (Spain) (represented by: J. Grimau Muñoz and J. Villamor Muguerza, 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: María Álvarez Serrano (Gomariz Leiro, Orense) (Spain)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 28 April 2010 in Case R 1020/2008-4 and, consequently, declare invalid Community trade mark No 2.631.828, in Class 33, which contains the verbal element 'COTO DE GOMARIZ', and

order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative trade mark containing the verbal element 'COTO DE GOMARIZ' (Application No 2.631.828) for goods in Class 33 'wines'.

Proprietor of the Community trade mark: María Álvarez Serrano

Applicant for the declaration of invalidity of the Community trade mark: EL COTO DE RIOJA S.A.

Trade mark right or sign of the applicant for the declaration: Community word mark 'COTO DE IMAZ' (No 339.333) for goods in Classes 29, 32 and 33; Community word mark 'EL COTO' (No 339.408) for goods in Classes 29, 32 and 33; and the well-known Spanish marks 'EL COTO' and 'COTO DE IMAZ' for 'wines'.

Decision of the Cancellation Division: Annulment of the contested Community trade mark.

Decision of the Board of Appeal: Annulment of the contested decision and dismissal of the application for a declaration of invalidity.

Pleas in law: Incorrect application of Article 52(1) of Regulation No 207/2009 on the Community trade mark, in conjunction with Articles 8(1)(b) and 8(5) of that regulation.

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