CELEX: 62010TN0498
Language: en
Date: 2010-10-18 00:00:00
Title: Case T-498/10: Action brought on 18 October 2010 — Mayer Naman v OHIM — Daniel & Mayer (David Mayer)

18.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 346/51
            
         Action brought on 18 October 2010 — Mayer Naman v OHIM — Daniel & Mayer (David Mayer)
   (Case T-498/10)
   ()
   2010/C 346/101
   Language in which the application was lodged: Italian
   
      Parties
   
   
      Applicant: David Mayer Naman (Rome, Italy) (represented by: S. Sutti, lawyer, S. Cazzaniga, lawyer, and V. Fedele, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Daniel & Mayer Srl (Milan, Italy)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               vary the contested decision in its entirety;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the word element ‘David Mayer’ (registration application No 1518950), to designate inter alia goods in Classes 18 and 25
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity: Daniel & Mayer Srl
   
      Trade mark right of applicant for the declaration: Italian word mark ‘DANIEL & MAYER MADE IN ITALY’ (No 472351), to designate goods in Class 25, and the unregistered word mark ‘DANIEL & MAYER’, used in Italy in relation to the ‘manufacture and sale of garments and accessories’
   
      Decision of the Cancellation Division: Application for a declaration of invalidity upheld in part
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement and misapplication of Article 8 of Regulation No 207/2009