CELEX: 62013TN0322
Language: en
Date: 2013-06-14 00:00:00
Title: Case T-322/13: Action brought on 14 June 2013 — Tsujimoto/OHIM — Kenzo (KENZO)

31.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/31
            
         Action brought on 14 June 2013 — Tsujimoto/OHIM — Kenzo (KENZO)
   (Case T-322/13)
   2013/C 252/51
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Kenzo Tsujimoto (Osaka, Japon) (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 25 March 2013 (Case R 1364/2012-2);
            
         
               —
            
            
               Order OHIM 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’, for services in classes 35, 41 and 43 — Community trade mark application No 8 701 286
   
      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 of the word mark ‘KENZO’, for goods in classes 3, 18 and 25
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Annulled the contested decision and rejected the CTM application in its entirety
   
      Pleas in law: Infringement of Articles 76(2) and 8(5) of CTMR.