CELEX: 62010TN0187
Language: en
Date: 2010-04-23 00:00:00
Title: Case T-187/10: Action brought on 23 April 2010 — Emram v OHIM — Guccio Gucci (G)

3.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/43
            
         Action brought on 23 April 2010 — Emram v OHIM — Guccio Gucci (G)
   (Case T-187/10)
   2010/C 179/76
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Maurice Emram (Marseille, France) (represented by: M. Benavï, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Guccio Gucci SpA (Florence, Italy)
   
      Form of order sought
   
   
               —
            
            
               annulment of the decision of OHIM in Case R 1281/2008-1;
            
         
               —
            
            
               reject the opposition to the filing of the trade mark G line No 2421402 of Gucci spa;
            
         
               —
            
            
               consequently, order OHIM to pay the costs;
            
         
               —
            
            
               order Gucci spa to pay the costs or expenses of the proceedings before OHIM.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Maurice Emram.
   
      Community trade mark concerned: Figurative trade mark “G” for goods in Classes 9, 18 and 25 — Application No 2 421 402.
   
      Proprietor of the mark or sign cited in the opposition proceedings: Guccio Gucci SpA.
   
      Mark or sign cited in opposition: Community and national figurate trade marks “G” for goods in Classes 9, 18 and 25.
   
      Decision of the Opposition Division: Rejection of the opposition.
   
      Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and refusal to register the mark applied for.
   
      Pleas in law: Infringement of Articles 8 and 75 of Regulation No 40/94 (now Articles 8 and 77 of Regulation No 207/2009) inasmuch as the Board of Appeal failed to apply the legal provisions concerned correctly and carried out too brief an analysis of the evidence raised by the applicant.