Action brought on 21 November 2013 – Alma – The Soul of Italian Wine v OHIM – Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)

(Case T-605/13)

Language in which the application was lodged: English

Parties

Applicant: Alma – The Soul of Italian Wine LLLP (Bal Harbor, United States) (represented by: F. Terrano, lawyer)

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

Other party to the proceedings before the Board of Appeal: Miguel Torres, SA (Vilafranca del Penedès, Spain)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 September 2013 given in Case R 18/2013-2;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the verbal elements “SOTTO IL SOLE ITALIANO SOTTO il SOLE” – Community trade mark application No 9 784 539

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registrations Nos 462 523, 6 373 971 and Spanish trade mark registrations Nos 152 231, 715 524, 2 796 505

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal and rejected the CTM application in its entirety

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.