C_2016106EN.01003801.xml

21.3.2016

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.