CELEX: 62013TN0388
Language: en
Date: 2013-07-22 00:00:00
Title: Case T-388/13: Action brought on 22 July 2013 — Costa Crociere v OHIM — Guerlain (SAMSARA)

12.10.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 298/9
            
         Action brought on 22 July 2013 — Costa Crociere v OHIM — Guerlain (SAMSARA)
   (Case T-388/13)
   2013/C 298/15
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Costa Crociere SpA (Genova, 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: Guerlain SA (Levallois-Perret, France)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of 13 May 2013 given in Case R 2049/2011-4; and
            
         
               —
            
            
               Order the other parties to reimburse the costs incurred by the applicant before the OHIM, as well as during the present proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The verbal mark SAMSARA for services in class 44 — Community trade mark application No 8 979 122
   
      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 registration No 497 966 of the verbal mark SAMSARA for goods in class 3
   
      Decision of the Opposition Division: Upheld the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8 (1) (b) of Council Regulation (EC) No 207/2009 on the Community trade mark (1).
   
      (1)  OJ 2009 L 78, p. 1