Action brought on 29 May 2007 - Borco-Marken-Import Matthiesen v OHMI - Tequilas del Señor (TEQUILA GOLD Sombrero Negro)

(Case T-182/07)

Language in which the application was lodged: English

Parties

Applicant: Borco-Marken-Import Matthiesen GmbH & Co. KG (Hamburg, Germany) (represented by: M. Wolter, laywer)

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

Other party to the proceedings before the Board of Appeal: Tequilas del Señor S A de CV (Guadalajara, Mexico)

Form of order sought

The applicant requests that:

-    The decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 March 2007 in Case R 1285/2005-1 be annulled;

-    the Office for Harmonisation in the Internal Market (Trade Marks and Designs) be ordered to pay the costs incurred by the applicant.

Pleas in law and main arguments

Applicant for the Community trade mark: Tequilas del Señor SA de CV

Community trade mark concerned: The figurative Community trade mark "TEQUILA GOLD Sombrero Negro" for goods in Class 33 - application No 2 722 122

Proprietor of the mark or sign cited in the opposition proceedings: Borco-Marken-Import Matthiesen GmbH & Co. KG

Mark or sign cited: The figurative national trade marks containing the word elements "SIERRA" and "CACTUS JACK SHOOTER" as well as the figurative national trade mark picturing a "red sombrero hat" for goods in Class 33

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94.

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