Source: EURLEX
Language: en
Format: md

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| 26.5.2014 | EN | Official Journal of the European Union | C 159/35 |

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Action brought on 24 March 2014 — 100% Capri Italia v OHIM — Cantoni ITC (100% Capri)

(Case T-198/14)

2014/C 159/48

Language in which the application was lodged: Italian

Parties

Applicant: 100% Capri Italia Srl (Capri, Italy) (represented by: A. Perani, G. Ghisletti and F. Braga, lawyers)

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

Other party to the proceedings before the Board of Appeal: Cantoni ITC SpA (Milan, Italy)

Form of order sought

The applicant claims that the Court should:

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| — | declare an infringement of Article 8(1)(b) of Regulation n. 207/2009; and, accordingly, |

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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) (OHIM) of 10 January 2014 in Case R 2122/2012-2; |

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| — | order OHIM to pay the costs of the present proceedings. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: Figurative mark with the word elements ‘100% Capri’ for goods in Classes 3, 18 and 25

Proprietor of the mark or sign cited in the opposition proceedings: Cantoni ITC SpA

Mark or sign cited in opposition: Figurative mark containing the word element ‘CAPRI’ and national word mark ‘CAPRI’ for goods in Classes 3, 18 and 25

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Dismissed the appeal in part

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

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