Action brought on 22 September 2009 — Sociedade Quinta do Portal SA v OHIM — Vallegre–Vinhos do Porto (PORTO ALEGRE)

(Case T-369/09)

2009/C 297/32

Language in which the application was lodged: Portuguese

Parties

Applicant: Sociedade Quinta do Portal SA (Lisbon, Portugal) (represented by: B. Belchior, lawyer)

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

Other party to the proceedings before the Board of Appeal: Vallegre–Vinhos do Porto SA (Sabrosa, Portugal)

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: word mark PORTO ALEGRE, for goods in Class 33

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity: the other party to the proceedings before the Board of Appeal

Trade mark right of applicant for the declaration: earlier Portuguese word mark VISTA ALEGRE, for goods in Class 33

Decision of the Cancellation Division: Community word mark PORTO ALEGRE declared invalid

Decision of the Board of Appeal: appeal dismissed

Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 in so far as the Board of Appeal misinterpreted that provision and, consequently, wrongly held that there was a likelihood of confusion between the marks in question.