EuG · T-276/10

Subject of the case Operative part Subject of the case Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 April 2010 (Case R 1020/2008‑4) concerning invalidity proceedings between El Coto de Rioja, SA and Ms María Álvarez Serrano. Operative part Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 April 2010 (Case R 1020/2008‑4) in so far as the assessment of the Board of Appeal as to the similarity of the signs in question is incorrect; 2. Dismisses the remainder of the action; 3. Orders OHIM to pay the costs.