Judgment — ECLI:EU:T:2013:156
Date: 2013-04-09
Language of the case: Italian
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Action brought on 24 June 2011 - Italiana Calzature v OHIM - Vicini (Giuseppe GIUSEPPE ZANOTTI DESIGN) (Case T -336/11) Language in which the application was lodged: Italian Parties Applicant: Società Italiana Calzature SpA (Milan, Italy) (represented by: A. Rapisardi and C. Ginevra, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Vicini SpA (San Mauro Pascoli, Italy) Form of order sought Annul the decision of the Second Board of Appeal of 8 April 2011 in Case No R 0634/2010-2 and, accordingly, uphold the decision of the Opposition Division of 5 March 2010 relating to Opposition No 1350711. Order OHIM to pay the costs of the proceedings. Pleas in law and main arguments Applicant for a Community trade mark: VICINI SpA Community trade mark concerned: Figurative mark containing the word element 'GIUSEPPE' (application for registration No 6.513.386), for goods and services in Classes 18 and 25 Proprietor of the mark or sign cited in the opposition proceedings: The applicant Mark or sign cited in opposition: Community word mark 'ZANOTTI' (No 244.277), for goods and services in Class 25, and Italian figurative mark containing the word element 'Zanotti', for goods in Classes 18 and 25 Decision of the Opposition Division: Opposition upheld in part Decision of the Board of Appeal: Opposition rejected in its entirety Pleas in law: Misinterpretation and misapplication of Article 8(2)(b) of Regulation No 207/2009 on the Community trade mark. ____________