Action brought on 21 January 2016 — Sovena Portugal — Consumer Goods v OHIM — Mueloliva (FONTOLIVA) (Case T-24/16)
Grade B
mapped from publisher markup. A grade says how a document's structure was obtained, not how reliable the law is.
Not the law itself: Notice
Address https://gelex.eu/eli/EU/notice/oj/C/2016/106/44@2016-01-21/en
Contents
2016/C 106/44Language in which the application was lodged: English 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) 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 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.
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.