Source: EURLEX
Language: en
Format: md

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| 17.11.2012 | EN | Official Journal of the European Union | C 355/32 |

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Action brought on 4 September 2012 — Tsujimoto v OHIM — Kenzo (KENZO)

(Case T-393/12)

2012/C 355/67

Language in which the application was lodged: English

Parties

Applicant: Kenzo Tsujimoto (Osaka, Japan) (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 SA (Paris, France)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 May 2012 in case R 1659/2011-2; and |

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| — | Order the defendant to bear 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 goods in class 33 — Community trade mark application No 6334544

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 registration No 720706 for the word mark ‘KENZO’, for goods and services 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:

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| — | Infringement of Article 8(5) of Council Regulation No 40/94; and |

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| — | Infringement of Articles 75 and 76 of Council Regulation No 40/94. |

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