Alma-The Soul of Italian Wine LLLP v Office for Harmonisation in the Internal Market (Trade Marks and Designs) T-605/13, [2014] All ER (D) 166 (Sep)
The applicant sought the annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (the board), refusing its trade mark application for a figurative sign including the words “Sotto il Sole”. The General Court of the European Union, in allowing the action, held that the board had acted in breach of its duty to provide a statement of reasons, as it had not analysed the evidence to respond to the applicant’s arguments concerning the weak distinctive character of the words “sol”, “sole”, “soleil” or “sun”, or images of the sun in the wine sector.
