CELEX: 62013TN0414
Language: en
Date: 2013-08-08 00:00:00
Title: Case T-414/13: Action brought on 8 August 2013 — Tsujimoto v OHIM — Kenzo (KENZO ESTATE)

19.10.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 304/20
            
         Action brought on 8 August 2013 — Tsujimoto v OHIM — Kenzo (KENZO ESTATE)
   (Case T-414/13)
   2013/C 304/34
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Kenzo Tsujimoto (Osaka, Japan) (represented by: A. Wenninger-Lenz, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Kenzo (Paris, France)
   
      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 (Trademarks and Designs) of 22 May 2013 given in Case R 333/2012-2;
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark KENZO ESTATE for goods in Class 33 — International Registration No 953373
   
      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 720 706 of the word trade mark KENZO for goods in Classes 3, 18 and 25
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Upheld the appeal and annulled the contested decision
   
      Pleas in law: Infringement of Article 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (1).
   
      (1)  OJ L 78, p. 1