CELEX: 62013TN0559
Language: en
Date: 2013-10-25 00:00:00
Title: Case T-559/13: Action brought on 25 October 2013 — Giovanni Cosmetics v OHIM — Vasconcelos & Gonçalves (GIOVANNI GALLI)

25.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/23
            
         Action brought on 25 October 2013 — Giovanni Cosmetics v OHIM — Vasconcelos & Gonçalves (GIOVANNI GALLI)
   (Case T-559/13)
   2014/C 24/41
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Giovanni Cosmetics, Inc. (Rancho Dominguez, United States) (represented by: J. van den Berg and M. Meddens-Bakker, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Vasconcelos & Gonçalves, SA (Lisbon, Portugal)
   
      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 13 August 2013 given in Case R 1189/2012-2;
            
         
               —
            
            
               Order that the CTM application No 9 232 471 be refused;
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative mark containing the verbal element ‘GIOVANNI GALLI’ for goods and services in Classes 3, 14 and 18 — Community trade mark application No 9 232 471
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community trade mark registration No 2 404 283 of the word mark ‘GIOVANNI’ for goods in Class 3
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b)CTMR.