CELEX: 62012TN0083
Language: en
Date: 2012-02-20 00:00:00
Title: Case T-83/12: Action brought on 20 February 2012 — Chico's Brands Investments v OHIM — Artsana (CHICO'S)

21.4.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/30
            
         Action brought on 20 February 2012 — Chico's Brands Investments v OHIM — Artsana (CHICO'S)
   (Case T-83/12)
   2012/C 118/51
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Chico's Brands Investments, Inc. (Fort Myers, United States) (represented by: T. Holman, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Artsana SpA (Grandate, Italy)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 October 2011 in case R 2084/2010-1;
            
         
               —
            
            
               Order the defendant to pay to the applicant, the applicant’s costs of and occasioned by this appeal.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘CHICO’S’, for goods and services in classes 25 and 35 — Community trade mark application No 1585579
   
      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 trade mark registration No 420865 of the figurative mark ‘chicco’, for among others goods in class 25; Italian trade mark registration No 846672/380042 of the figurative mark ‘chicco’, for among others goods in class 25; International trade mark registration No 763084 of the figurative mark ‘chicco’, for among others goods in class 25
   
      Decision of the Opposition Division: Upheld the opposition and rejected the Community trade mark application in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 15(1)(a), 42(2) and (3) of Council Regulation No 207/2009, as the Board of Appeal erred in concluding that the opponent’s evidence proved genuine use of the earlier mark in Italy. Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal erred in concluding that there was a likelihood of confusion between the CTM application and the earlier mark.