CELEX: 62013TN0528
Language: en
Date: 2013-09-30 00:00:00
Title: Case T-528/13: Action brought on 30. September 2013 — Kenzo/OHIM — Tsujimoto (KENZO ESTATE)

14.12.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 367/32
            
         Action brought on 30. September 2013 — Kenzo/OHIM — Tsujimoto (KENZO ESTATE)
   (Case T-528/13)
   2013/C 367/56
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Kenzo (Paris, France) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Kenzo Tsujimoto (Osaka, Japan)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               annul the contested decision in so far as it accepted International registration No. 1016724 designating the European Union for the mark ‘Kenzo Estate’ for: ‘Olive oil (for food); grape seed oil (for food); edible oils and fats; raisins; processed vegetables and fruits; frozen vegetables; frozen fruits; raw pulses; processed meat products; processed seafood’ in class 29; ‘Confectionery, bread and buns; wine vinegar; olive dressing; seasonings (other than spices); spices; sandwiches; pizzas; hot dogs (sandwiches); meat pies; ravioli’ in class 30; and ‘Grapes (fresh); olives (fresh); fruits (fresh); vegetables (fresh); seeds and bulbs’ in class 31;
            
         
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               order OHIM to pay the costs incurred by the applicant during these proceedings;
            
         
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               order Kenzo Tsujimoto to pay the costs incurred by the applicant in the 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 word mark ‘KENZO ESTATE’ for goods and services in classes 29, 30, 31, 35, 41 and 43 — International Registration No W 1 016 724
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community 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: Dismissed the appeal in part
   
      Pleas in law: Infringement of Article 8(5) of Council Regulation No 207/2009.