25.10.2008
EN
Official Journal of the European Union
C 272/27
Action brought on 19 June 2008 — Abadía Retuerta v OHIM (CUVÉE PALOMAR)
(Case T-237/08)
(2008/C 272/52)
Language in which the application was lodged: Spanish
Parties
Applicant: Abadía Retuerta, S.A. (Sardón de Duero, Spain) (represented by X. Fàbrega Sabaté and Curell Aguilà, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 2 April 2008 in Case R 1185/2007-1, and
—
Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘CUVÉE PALOMAR’ for goods in Class 33 (Application for Registration No 5.501.937).
Decision of the Examiner: Rejection of the application for registration.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: The application for the Community mark in question does not infringe Article 7(1)(j) of Council Regulation (EC) No 40/94 (1) since it does not contain or consist of a false geographic indication.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
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