CELEX: 62014TN0135
Language: en
Date: 2014-02-20 00:00:00
Title: Case T-135/14: Action brought on 20 February 2014 — Kicktipp v OHIM — Società Italiana Calzature (kicktipp)

5.5.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 135/54
            
         Action brought on 20 February 2014 — Kicktipp v OHIM — Società Italiana Calzature (kicktipp)
   (Case T-135/14)
   2014/C 135/70
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Kicktipp GmbH (Düsseldorf, Germany) (represented by: A. Dreyer, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Società Italiana Calzature Srl (Milan, Italy)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 December 2013 given in Case R 1061/2012-2;
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘kicktipp’ for goods and services in Classes 25, 35, 38 and 41 — Community trade mark application No 8 874 281
   
      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: Italian trademarks Nos 348 149, 905 554, 905 554 for goods in Class 25
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.