Action brought on 24 January 2008 - Codorniu Napa v OHIM - Bodegas Ontañón (ARTESA NAPA VALLEY)

(Case T-35/08)

Language in which the application was lodged: Spanish

Parties

Applicant: Codorniu Napa, Inc. (California, United States of America) (represented by: X. Fàbrega Sabaté and M. Curell Aguilà, 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: Bodegas Ontañón, S.A.

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 20 November 2007 in Case R 747/2006-4, and

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant.

Community trade mark applied for: Figurative mark 'ARTESA NAPA VALLEY' for goods in Class 33 (application No 3.079.159)

Proprietor of the mark or sign cited in the opposition proceedings: Bodegas Ontañón, S.A.

Mark or sign cited in the opposition proceedings: Community figurative trade mark No 2.050.623 'ARTESO' for goods in Classes 33 and 35, Spanish word mark No 844.194 'LA ARTESA' for goods in Class 33.

Decision of the Opposition Division: Upheld the opposition and rejected the application for registration.

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

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 ¹ given that there is no likelihood of confusion between the signs in conflict.

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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)