Notice for the OJ

 

Action brought on 10 February 2003 by Julián Murúa Entrena against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    (Case T-40/03)

    (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 10 February 2003 by Julián Murúa Entrena, residing in El Ciego, Álava (Spain), represented by Ignacio Temiño Ceniceros, lawyer.

The applicant claims that the Court should:

(annul the contested decision refusing the Community trade-mark application No 62.588 in Class 33;

(order the parties to bear their own costs and half of the common costs.

Pleas in law and main arguments:

Applicant for Community trade mark:ApplicantCommunity trade mark sought:Figurative mark "Julián Murúa Entrena" ( Application No 62.588 for products in Class 33 (wines).Proprietor of mark or sign cited in the opposition proceedings:Bodegas Murúa S.A.Mark or sign cited in opposition:Spanish trade mark "MURUA" and international registration No 483.779 having effect in Germany, France, Austria, Switzerland and Benelux for products in Class 33.Decision of the Opposition Division:Opposition accepted.Decision of the Board of Appeal:Appeal dismissed.Pleas in law:Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 (likelihood of confusion).

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