CELEX: 62013TN0522
Language: en
Date: 2013-09-26 00:00:00
Title: Case T-522/13: Action brought on 26 September 2013 — Tsujimoto v OHIM — Kenzo (KENZO ESTATE)

30.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 352/20
            
         Action brought on 26 September 2013 — Tsujimoto v OHIM — Kenzo (KENZO ESTATE)
   (Case T-522/13)
   2013/C 352/38
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Kenzo Tsujimoto (Osaka, Japan) (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, SA (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 (Trade Marks and Designs) of 3 July 2013 given in Case R 1363/2012-2;
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      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 other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: The word mark ‘KENZO’ for goods in Classes 3, 18 and 25 — Community trade mark No 720 706
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Upheld the appeal in part
   
      Pleas in law: Infringement of Article 8(5) CTMR.