# C_2012355EN.01002103.xml

| 17.11.2012 | EN | Official Journal of the European Union | C 355/21 |
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17.11.2012

EN

Official Journal of the European Union

C 355/21

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Judgment of the General Court of 27 September 2012 — Pucci International v OHIM — El Corte Inglés (Emidio Tucci)

(Case T-357/09) (1)

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(Community trade mark - Opposition proceedings - Application for Community figurative mark Emidio Tucci - Earlier Community figurative and national word and figurative marks Emilio Pucci and EMILIO PUCCI - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation No 207/2009)

2012/C 355/44

Language of the case: Spanish

Parties

Parties

Applicant: Emilio Pucci International BV (Amsterdam, Netherlands) (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: El Corte Inglés, SA (Madrid, Spain) (represented initially by J.L. Rivas Zurdo, E. López Camba and E. Seijo Veiguela and, subsequently, by J.L. Rivas Zurdo and E. Seijo Veiguela, lawyers)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court:

Re:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Joined Cases R 770/ 2008-2 and R 826/2008-2), relating to opposition proceedings between Emilio Pucci International BV and El Corte Inglés, SA.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 June 2009 (Joined Cases R 770/2008-2 and R 826/2008-2) as regards, first, the proof of use of the spectacles in Class 9 and, second, the application of Article 8(5) of Regulation No 207/2009 to the spectacles in Class 9, to the jewellery, costume jewellery and watches in Class 14 and to the lavatory paper in Class 16; |
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1.

Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 June 2009 (Joined Cases R 770/2008-2 and R 826/2008-2) as regards, first, the proof of use of the spectacles in Class 9 and, second, the application of Article 8(5) of Regulation No 207/2009 to the spectacles in Class 9, to the jewellery, costume jewellery and watches in Class 14 and to the lavatory paper in Class 16;

| 2. | Dismisses the remainder of the action; |
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2.

Dismisses the remainder of the action;

| 3. | Orders Emilio Pucci International BV to pay one-third of the costs and OHIM and El Corte Inglés, SA to pay two-thirds of the costs. |
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3.

Orders Emilio Pucci International BV to pay one-third of the costs and OHIM and El Corte Inglés, SA to pay two-thirds of the costs.

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(1)  OJ C 267, 7.11.2009.

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