Judgment — ECLI:EU:T:2015:47
Date: 2015-01-22
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 14 June 2013 – Tsujimoto/OHIM – Kenzo (KENZO) (Case T-322/13) Language in which the application was lodged: English Parties Applicant: Kenzo Tsujimoto (Osaka, Japon) (represented by: A. Wenninger-Lenz, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Kenzo (Paris, France) Form of order sought The applicant claims that the Court should: Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trademarks and Designs) of 25 March 2013 (Case R 1364/2012-2); Order OHIM to pay the costs of the proceedings. Pleas in law and main arguments Applicant for a Community trade mark: The applicant Community trade mark concerned: The word mark “KENZO”, for services in classes 35, 41 and 43 – Community trade mark application No 8 701 286 Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal Mark or sign cited in opposition: Community trade mark of the word mark “KENZO”, for goods in classes 3, 18 and 25 Decision of the Opposition Division: Rejected the opposition Decision of the Board of Appeal: Annulled the contested decision and rejected the CTM application in its entirety Pleas in law: Infringement of Articles 76(2) and 8(5) of CTMR.