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3.11.2014 |
EN |
Official Journal of the European Union |
C 388/23 |
Action brought on 15 September 2014 — Instituto dos vinhos do Douro e do Porto v OHIM — Bruichladdich Distillery (PORT CARLOTTE)
(Case T-659/14)
2014/C 388/28
Language in which the application was lodged: English
Parties
Applicant: Instituto dos vinhos do Douro e do Porto, IP (Peso da Régua, Portugal) (represented by: P. Sousa e Silva, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Bruichladdich Distillery Co. Ltd (Argyll, United Kingdom)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 July 2014 given in Case R 946/2013-4; |
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Order the defendant to pay the costs of proceedings, including those incurred in the proceedings before the Office. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘PORT CARLOTTE’ for goods in Class 33 — Community trade mark No 5 4 21 474
Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
Applicant for the declaration of invalidity of the Community trade mark: The applicant
Grounds for the application for a declaration of invalidity: The grounds laid down in Article 52(1)(a) in conjunction with Article 7(1)(g), Article 53(1)(c) in conjunction with article 8(4) and Article 53(2)(d) of Regulation No 207/2009
Decision of the Cancellation Division: Rejected the cancellation request
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(c) and (g) and Article 53(2)(d) of Regulation No 207/2009