CELEX: 62014TN0343
Language: en
Date: 2014-05-19 00:00:00
Title: Case T-343/14: Action brought on 19 May 2014 — Cipriani/OHIM — Hotel Cipriani (CIPRIANI)

11.8.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/29
            
         Action brought on 19 May 2014 — Cipriani/OHIM — Hotel Cipriani (CIPRIANI)
   (Case T-343/14)
   2014/C 261/53
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Arrigo Cipriani (Venice, Italy) (represented by: A. Vanzetti, S. Bergia, and G. Sironi, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Hotel Cipriani (Venice, Italy)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               Cancel the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 March 2014 in Case R 224/2012-4 and declare the nullity, pursuant to Article 52(1)(b) and Article 53(2)(a) of Regulation No 207/2009 in connection with Article 8.3 of the Italian Code of Industrial Property, of the trademark ‘Cipriani’ No 115824 held by Hotel Cipriani for all goods and services for which the trademark is registered or;
            
         
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               Subordinately, for all goods or services other than ‘hotels and hotel reservation’ services or;
            
         
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               Subordinately in relation to services of ‘restaurants, cafeterias, public eating places, bars, catering, delivery of drinks and beverages for immediate consumption’ or;
            
         
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               Remit the proceedings to the OHIM so that it may issue that declaration of nullity;
            
         
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               Order that Mr Arrigo Cipriani’s costs for these proceedings be entirely reimbursed.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘CIPRIANI’ for goods and services in Classes 16, 35 and 42 — Community trade mark No 115 824
   
      Proprietor of the Community trade mark: Hotel Cipriani
   
      Applicant for the declaration of invalidity of the Community trade mark: The applicant
   
      Grounds for the application for a declaration of invalidity: The trade mark had been registered in bad faith and infringed the right to a renowned personal name ‘CIPRIANI’
   
      Decision of the Cancellation Division: The application for a declaration of invalidity was rejected
   
      Decision of the Board of Appeal: The appeal was dismissed
   
      Pleas in law:
   
   
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               Violation of Article 53(2)(a) of Regulation No 207/2009 in relation to article 8.3 of the Italian Code of Industrial Property;
            
         
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               Violation of Article 52(1)(b) of Regulation No 207/2009.