Source: EURLEX
Language: en
Format: md

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| 12.10.2013 | EN | Official Journal of the European Union | C 298/9 |

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Action brought on 22 July 2013 — Costa Crociere v OHIM — Guerlain (SAMSARA)

(Case T-388/13)

2013/C 298/15

Language in which the application was lodged: English

Parties

Applicant: Costa Crociere SpA (Genova, Italy) (represented by: A. Vanzetti, S. Bergia and G. Sironi, lawyers)

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

Other party to the proceedings before the Board of Appeal: Guerlain SA (Levallois-Perret, France)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Fourth Board of Appeal of 13 May 2013 given in Case R 2049/2011-4; and |

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| — | Order the other parties to reimburse the costs incurred by the applicant before the OHIM, as well as during the present proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The verbal mark SAMSARA for services in class 44 — Community trade mark application No 8 979 122

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 497 966 of the verbal mark SAMSARA for goods in class 3

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8 (1) (b) of Council Regulation (EC) No 207/2009 on the Community trade mark[(1)](#ntr1-C_2013298EN.01000901-E0001).

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