Mitteilungen im Abl. nº T-345/09 of TGericht erster Instanz der Europäischen Gemeinschaften, October 24, 2009
Resolution Date | October 24, 2009 |
Issuing Organization | TGericht erster Instanz der Europäischen Gemeinschaften |
Decision Number | T-345/09 |
Klage, eingereicht am 28. August 2009 - Bodegas y Viñedos Puerta de Labastida/HABM - Unión de Cosecheros de Labastida (PUERTA DE LABASTIDA)
(Rechtssache T-345/09)
Sprache der Klageschrift: Spanisch
Parteien
Klägerin: Bodegas y Viñedos Puerta de Labastida SL (Autol, Spanien) (Prozessbevollmächtigte: Rechtsanwälte J. Grimau Muñoz und J. Villamor Muguerza)
Beklagter: Harmonisierungsamt für den Binnenmarkt (Marken, Muster und Modelle)
Andere Beteiligte im Verfahren vor der Beschwerdekammer des HABM: Unión de Cosecheros de Labastida S. Coop. Ltda (Labastida, Spanien)
Anträge
Die Klägerin beantragt,
die Entscheidung der Ersten Beschwerdekammer des Harmonisierungsamts für den Binnenmarkt vom 28. Mai 2009 in der Sache R 1021/2008-1 aufzuheben und die Gemeinschaftsmarke "PUERTA DE LABASTIDA" (Wortmarke) für die Klassen 29, 33 und 35 zur Eintragung zuzulassen;
dem Harmonisierungsamt die Kosten aufzuerlegen.
Klagegründe und wesentliche Argumente
Anmelderin der Gemeinschaftsmarke: Bodegas y Viñedos Puerta de Labastida SL.
Betroffene Gemeinschaftsmarke: Wortmarke "PUERTA DE LABASTIDA" (Anmeldung Nr. 4 473 278) für Waren und Dienstleistungen der Klassen 29, 33 und 35.
Inhaberin des im Widerspruchsverfahren...
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