CELEX: 62013TN0364
Language: en
Date: 2013-07-12 00:00:00
Title: Case T-364/13: Action brought on 12 July 2013 — Mocek et Wenta/OHIM — Lacoste (KAJMAN)

7.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 260/46
            
         Action brought on 12 July 2013 — Mocek et Wenta/OHIM — Lacoste (KAJMAN)
   (Case T-364/13)
   2013/C 260/83
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicants: Eugenia Mocek (Chojnice, Poland) and Jadwiga Wenta (Chojnice, Poland) (represented by: K. Grala, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Lacoste SA (Paris, France)
   
      Form of order sought
   
   The applicants claim that the Court should:
   
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               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 May 2013 in Case R 2466/2010-4 and grant protection to the trade mark applied for for all the goods covered by the application;
            
         
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               Order the defendant to bear the costs of the proceedings before the Court, including the expenses of the applicant, as well as the necessary costs incurred by the applicant in connection with the proceedings before the Board of Appeal.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicants
   
      Community trade mark concerned: The figurative mark claiming the colours green, white and grey containing the word element ‘KAJMAN’ placed between the back and the head of a crocodile for goods and services in classes 18, 20, 22, 25 and 36 — Community trade mark registration No 5 686 845
   
      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 of the figurative mark in black and white presenting a crocodile and the word mark ‘CROCODILE’ for goods and services in classes 16, 18, 20, 24, 25 and 36
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Annulled the contested decision insofar as the opposition was rejected for certain goods in classes 18 and 25, and rejected the contested Community trade mark application for these goods
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.