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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:
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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; |
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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.