Source: EURLEX
Language: en
Format: md

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| 7.12.2013 | EN | Official Journal of the European Union | C 359/17 |

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Action brought on 26 September 2013 — Kicks Kosmetikkedjan/OHMI — Kik Textilien und Non-Food (KICKS)

(Case T-532/13)

2013/C 359/33

Language in which the application was lodged: English

Parties

Applicant: Kicks Kosmetikkedjan AB (Stockholm, Sweden) (represented by: K. Strömholm, lawyer)

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

Other party to the proceedings before the Board of Appeal: Kik Textilien und Non-Food GmbH (Bönen, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | annul the Decision; |

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| — | order the OHIM to pay the costs, or alternatively, if applicable, an intervening party to do so; |

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| — | authorise the registration of the contested application No 9245473 in its entirety. |

Pleas in law and main arguments

Applicant for a Community trade mark: Kicks Kosmetikkedjan AB

Community trade mark concerned: the verbal mark ‘KICKS’ for goods and services in classes 3, 8, 14, 21 and 35 — application No 9245473

Proprietor of the mark or sign cited in the opposition proceedings: Kik Textilien und Non-Food GmbH

Mark or sign cited in opposition: the German and international word mark ‘kik’ for services in class 35

Decision of the Opposition Division: upheld the opposition for the contested goods and services

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Violation of Article 8(1)(b) of Regulation No 207/2009.

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