Action brought on 22 September 2009 - Sociedade Quinta do Portal SA v OHIM - Vallegre-Vinhos do Porto (PORTO ALEGRE)

(Case T-369/09)

Language in which the application was lodged: Portuguese

Parties

Applicant: Sociedade Quinta do Portal SA (Lisbon, Portugal) (represented by: B. Belchior, lawyer)

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

Other party to the proceedings before the Board of Appeal: Vallegre-Vinhos do Porto SA (Sabrosa, Portugal)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in Case R 1012/2008-1, dismissing the appeal brought by the applicant against the decision of the Cancellation Division which declared the Community word mark PORTO ALEGRE invalid; and

Order OHIM 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: word mark PORTO ALEGRE, for goods in Class 33

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity: the other party to the proceedings before the Board of Appeal

Trade mark right of applicant for the declaration: earlier Portuguese word mark VISTA ALEGRE, for goods in Class 33

Decision of the Cancellation Division: Community word mark PORTO ALEGRE declared invalid

Decision of the Board of Appeal: appeal dismissed

Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 in so far as the Board of Appeal misinterpreted that provision and, consequently, wrongly held that there was a likelihood of confusion between the marks in question.

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