Action brought on 14 April 2010 - Grupo Osborne v OHIM - Industria Licorera Quezalteca (TORO XL)

(Case T-169/10)

Language in which the application was lodged: Spanish

Parties

Applicant: Grupo Osborne SA (El Puerto de Santa María, Spain) (represented by: J. Iglesias Monravá, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Industria Licorera Quezalteca, SA

Form of order sought

Annul the decision dated 22.01.2010 of the Board of Appeal of OHIM in Case R 223/2009-2 refusing registration of the Community trade mark No 4 769 279 TORO XL in Class 33;

Permit, consequently, registration of the Community trade mark No 4 769 279 TORO XL in Class 33, and

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Grupo Osborne.

Community trade mark concerned: Word mark 'TORO XL' (application for registration No 4 769 279) for goods and services in Classes 32, 33 and 43.

Proprietor of the mark or sign cited in the opposition proceedings: Industria Licorera Quezalteca, SA.

Mark or sign cited in opposition: Community figurative mark (No 4 027 124) containing the expression 'XL' for goods in Class 33 (alcoholic drinks).

Decision of the Opposition Division: Opposition rejected.

Decision of the Board of Appeal: Opposition upheld and application for registration refused.

Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.

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