# C_2009267EN.01007802.xml

| 7.11.2009 | EN | Official Journal of the European Union | C 267/78 |
| --- | --- | --- | --- |

7.11.2009

EN

Official Journal of the European Union

C 267/78

---

Action brought on 15 September 2009 — Pucci International v OHIM — El Corte Inglés (Emidio Tucci)

(Case T-357/09)

2009/C 267/140

Language in which the application was lodged: English

Parties

Parties

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

Applicants:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: El Corte Inglés, SA (Madrid, Spain)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in joined cases R 770/2008-2 and R 826/2008-2, in so far as it accepted registration of Community trade mark application No 3 679 594“Emidio Tucci” for all the goods and services it covers in classes 1, 2, 4-17, 19, 20, 21, 22, 23, 26-45; |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in joined cases R 770/2008-2 and R 826/2008-2, in so far as it accepted registration of Community trade mark application No 3 679 594“Emidio Tucci” for all the goods and services it covers in classes 1, 2, 4-17, 19, 20, 21, 22, 23, 26-45;

| — | Order the defendant to pay the costs incurred by the applicant during these proceedings; and |
| --- | --- |

—

Order the defendant to pay the costs incurred by the applicant during these proceedings; and

| — | Order the other party to the proceedings before the Board of Appeal to pay the costs incurred by the applicant during the proceedings before OHIM’s Opposition Division and Board of Appeal. |
| --- | --- |

—

Order the other party to the proceedings before the Board of Appeal to pay the costs incurred by the applicant during the proceedings before OHIM’s Opposition Division and Board of Appeal.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the Community trade mark:

Community trade mark concerned: The figurative mark “Emidio Tucci”, for goods and services in classes 1-45

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: Community trade mark registration of the figurative mark “Emilio Pucci” registered for goods in classes 18 and 24; Italian trade mark registration of the word mark “EMILIO PUCCI” registered for goods classes 3, 14, 18, 21, 24, 25 and 33; Italian trade mark registration of the word mark “EMILIO PUCCI” registered for goods classes 9, 12, 18, 20, 26, 27 and 34; Italian trade mark registration of the figurative mark “Emilio Pucci” registered for goods classes 14, 18, 24 and 25

Mark or sign cited:

Decision of the Opposition Division: Partially accepted the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Partially upheld the appeal in cases R 826/2008-2 and R 770/2008-2; dismissed the appeal for the remainder

Decision of the Board of Appeal:

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation 207/2009 as the Board of Appeal erred in its conclusion that these legal provisions could not apply with respect to the goods and services covered by the Community trade mark concerned in classes 1, 2, 4-17, 19, 20, 21 (part of), 22, 23 and 26-45.

Pleas in law:

---