CELEX: 62013TN0272
Language: en
Date: 2013-05-21 00:00:00
Title: Case T-272/13: Action brought on 21 May 2013 — Max Mara Fashion Group/OHIM — Mackays Stores (M&Co.)

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/47
            
         Action brought on 21 May 2013 — Max Mara Fashion Group/OHIM — Mackays Stores (M&Co.)
   (Case T-272/13)
   2013/C 207/78
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Max Mara Fashion Group Srl (Torino, Italy) (represented by: F. Terrano, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Mackays Stores Ltd (Renfrew, United Kingdom)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the contested decision of the Second Board of Appeal of 7 March 2013 in Case R 1199/2012-2;
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      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 word element ‘M&Co.’ for goods and services in classes 25 and 35 — Community trade mark application No 9 128 679
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Figurative marks containing the word element ‘MAX&Co.’ for goods and services in classes 18, 24, 25, 35, 42
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.