Action brought on 22 June 2010 — El Coto De Rioja v OHIM — Álvarez Serrano (COTO DE GOMARIZ)

(Case T-276/10)

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2010/C 234/80

Language in which the application was lodged: Spanish

Parties

Applicant: El Coto De Rioja, S.A. (Oyón, Alava) (Spain) (represented by: J. Grimau Muñoz and J. Villamor Muguerza, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: María Álvarez Serrano (Gomariz Leiro, Orense) (Spain)

Form of order sought

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative trade mark containing the verbal element ‘COTO DE GOMARIZ’ (Application No 2 631 828) for goods in Class 33 ‘wines’.

Proprietor of the Community trade mark: María Álvarez Serrano

Applicant for the declaration of invalidity of the Community trade mark: EL COTO DE RIOJA S.A.

Trade mark right or sign of the applicant for the declaration: Community word mark ‘COTO DE IMAZ’ (No 339 333) for goods in Classes 29, 32 and 33; Community word mark ‘EL COTO’ (No 339 408) for goods in Classes 29, 32 and 33; and the well-known Spanish marks ‘EL COTO’ and ‘COTO DE IMAZ’ for ‘wines’.

Decision of the Cancellation Division: Annulment of the contested Community trade mark.

Decision of the Board of Appeal: Annulment of the contested decision and dismissal of the application for a declaration of invalidity.

Pleas in law: Incorrect application of Article 52(1) of Regulation No 207/2009 on the Community trade mark, in conjunction with Articles 8(1)(b) and 8(5) of that regulation.