Judgment of the General Court (Sixth Chamber) of 15 November 2011. – El Coto De Rioja, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

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.