Notice for the OJ

 

Action brought on 7 January 2004 by Castell del Remei S.L against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-13/05)

Language of the case: Spanish

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 7 January 2004 by Castell del Remei S.L, represented by Jorge Grau Mora and Alejandro Angulo, of the Barcelona Bar; Maria Baylos Morales and Antonio Velazquez Ibanez, of the Madrid Bar; Fernand de Visscher, Emmanuel Cornu, Eric de Gryse and Donatienne Moreau, of the Brussels Bar, lawyer.

The applicant claims that the Court should:

set aside the decision of the First Board of Appeal, of 27 October 2004, delivered in Case R 0691/2003-1; and

order OHIM to pay the costs.

Pleas in law and main arguments:

Applicant for Community trade mark:

The applicant

Community trade mark sought:Word mark 'ODA' - Application No 1.655.786, for goods in Class 33 (alcoholic beverages, except beers)

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

Mark or sign cited in opposition:International word mark 'RODA' (No 703.486), Spanish word mark 'BODEGAS RODA' (No 1.757.553), 'RODA II' (No 2.006.615), 'RODA I' (No 2.006.616), and Greek national mark 'RODA' (No 137.050) for wines and spirits in Class 33 and the trade name 'BODEGAS RIOJA' for the 'business dedicated to the creation and production of wines'.

Decision of the Opposition Division:

Opposition upheld and application refused.

Decision of the Board of Appeal:Appeal dismissed.Pleas in law:

Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94

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