CELEX: 62011TN0336
Language: en
Date: 2011-06-24 00:00:00
Title: Case T-336/11: Action brought on 24 June 2011 — Italiana Calzature v OHIM — Vicini (Giuseppe GIUSEPPE ZANOTTI DESIGN)

27.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/38
            
         Action brought on 24 June 2011 — Italiana Calzature v OHIM — Vicini (Giuseppe GIUSEPPE ZANOTTI DESIGN)
   (Case T-336/11)
   2011/C 252/85
   Language in which the application was lodged: Italian
   
      Parties
   
   
      Applicant: Società Italiana Calzature SpA (Milan, Italy) (represented by: A. Rapisardi and C. Ginevra, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Vicini SpA (San Mauro Pascoli, Italy)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of 8 April 2011 in Case No R 0634/2010-2 and, accordingly, uphold the decision of the Opposition Division of 5 March 2010 relating to Opposition No 1350711.
            
         
               —
            
            
               Order OHIM to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: VICINI SpA
   
      Community trade mark concerned: Figurative mark containing the word element ‘GIUSEPPE’ (application for registration No 6.513.386), for goods and services in Classes 18 and 25
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community word mark ‘ZANOTTI’ (No 244.277), for goods and services in Class 25, and Italian figurative mark containing the word element ‘Zanotti’, for goods in Classes 18 and 25
   
      Decision of the Opposition Division: Opposition upheld in part
   
      Decision of the Board of Appeal: Opposition rejected in its entirety
   
      Pleas in law: Misinterpretation and misapplication of Article 8(2)(b) of Regulation No 207/2009 on the Community trade mark.