Action brought on 2 December 2008 - Villa Almè v OHIM - Bodegas Marqués de Murrieta (i GAI)

(Case T-546/08)

Language in which the application was lodged: Italian

Parties

Applicant: Villa Almè Azienda vitivinicola di Vizzotto Giuseppe (Mansuè, Italy) (represented by: G. Massa, lawyer, P. Massa, lawyer)

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

Other party to the proceedings before the Board of Appeal: Bodegas Marqués de Murrieta, SA (Logroño, Spain)

Form of order sought

Annul the Decision of 24/09/08 of the First Board of Appeal (R 1695/2007-1) and order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Figurative mark 'i GAY' (registration application No 4.458.295) for goods in Class 33 (wines).

Proprietor of the mark or sign cited in the opposition proceedings: Bodegas Marqués de Murrieta S.A..

Mark or sign cited in the opposition proceedings: Spanish word mark (No 2.315.558) 'YGAI' and Community figurative mark (No 1.707.729) and Community word mark (No 1.699.412) 'MARQUES DE MURRIETA YGAY', for goods in Class 33 (wines).

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.

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