CELEX: 62012TN0392
Language: en
Date: 2012-09-03 00:00:00
Title: Case T-392/12: Action brought on 3 September 2012 — Luigi Lavazza SpA v OHIM

27.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/29
            
         
      Action brought on 3 September 2012 — Luigi Lavazza SpA v OHIM
      (Case T-392/12)
      (2012/C 331/56)
      Language in which the application was lodged: Italian
      
         Parties
      
      
         Applicant: Luigi Lavazza SpA (Turin, Italy) (represented by: A. Vanzetti, G.E. Sironi, M. Ricolfi and C.E. Mezzetti, lawyers)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
      
         Other party to the proceedings before the Board of Appeal: Commercialunione Prima Srl (Bresso, Italy)
      
         Form of order sought
      
      
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                  uphold the action and annul the decision of the First Board of Appeal of 26 June 2012 in Case R 124/2011-1, on grounds of infringement of Article 8(1)(b) of Regulation No 207/2009;
               
            
                  —
               
               
                  reject the opposition of Commercialunione Prima Srl to the European Union-wide registration of international trade mark No W000943981 ‘Lavazza a modo mio’ and, consequently, grant the same scope of registration;
               
            
                  —
               
               
                  order that the costs borne by Luigi Lavazza SpA in the proceedings be fully awarded in its favour.
               
            
         Pleas in law and main arguments
      
      
         Applicant for a Community trade mark: Luigi Lavazza SpA
      
         Community trade mark concerned: Figurative mark ‘LAVAZZA A MODO MIO’ for goods and services in Classes 11, 29, 30 and 43 — International registration for European Union No W00 943 981
      
         Proprietor of the mark or sign cited in the opposition proceedings: Commercialunione Prima Srl
      
         Mark or sign cited in opposition: National figurative marks ‘A MODO MIO’, ‘la PIZZA A MODO MIO’ and ‘A MODO MIO BIRRA & MUSIC’ for services in Class 42
      
         Decision of the Opposition Division: Action partially upheld
      
         Decision of the Board of Appeal: The Board of Appeal took note of the withdrawal of the application for registration of ‘LAVAZZA A MODO MIO’ for Class 43 only and dismissed the action as to the remainder
      
         Pleas in law: Infringement of Article 8(1)(b) and the second part of Article 76(1) of Regulation No 207/2009