21.3.2016
EN
Official Journal of the European Union
C 106/38
Action brought on 21 January 2016 — Sovena Portugal — Consumer Goods v OHIM — Mueloliva (FONTOLIVA)
(Case T-24/16)
(2016/C 106/44)
Language in which the application was lodged: English
Parties
Applicant: Sovena Portugal — Consumer Goods, SA (Lisbon, Portugal) (represented by: D. Martins Pereira, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Mueloliva, SL (Cordoba, Spain)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: International registration designating the European Union in respect of the word mark ‘FONTOLIVA’ — International registration No 1 107 792 designating the European Union
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 4 November 2015 in Case R 1813/2014-2
Form of order sought
The applicant claims that the Court should:
—
admit this action;
—
dismiss the contested decision in its entirety;
—
rectify the contested decision, based on the grounds in this action and declare the granting of protection to International Trademark No 1 107 792 FONTOLIVA in respect of the European Union;
—
condemn OHIM in the incurred expenses by the applicant, including the expenses made in the case which run with OHIM;
—
condemn the other party in the case to bear the applicant’s costs in the OHIM proceedings.
Pleas in law
—
Lapse of earlier Spanish trademark No 780 071 FUENOLIVA;
—
Insufficiency of the evidence of genuine use of earlier trademark;
—
Inexistence of likelihood of confusion — Article 8(1)(b) CTMR;
—
Existence of two earlier trademarks FONTOLIVA in Spain.
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