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Document 62012TN0083
Case T-83/12: Action brought on 20 February 2012 — Chico's Brands Investments v OHIM — Artsana (CHICO'S)
Case T-83/12: Action brought on 20 February 2012 — Chico's Brands Investments v OHIM — Artsana (CHICO'S)
Case T-83/12: Action brought on 20 February 2012 — Chico's Brands Investments v OHIM — Artsana (CHICO'S)
OJ C 118, 21.4.2012, p. 30–31
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
21.4.2012 |
EN |
Official Journal of the European Union |
C 118/30 |
Action brought on 20 February 2012 — Chico's Brands Investments v OHIM — Artsana (CHICO'S)
(Case T-83/12)
2012/C 118/51
Language in which the application was lodged: English
Parties
Applicant: Chico's Brands Investments, Inc. (Fort Myers, United States) (represented by: T. Holman, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Artsana SpA (Grandate, Italy)
Form of order sought
— |
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 October 2011 in case R 2084/2010-1; |
— |
Order the defendant to pay to the applicant, the applicant’s costs of and occasioned by this appeal. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘CHICO’S’, for goods and services in classes 25 and 35 — Community trade mark application No 1585579
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: Italian trade mark registration No 420865 of the figurative mark ‘chicco’, for among others goods in class 25; Italian trade mark registration No 846672/380042 of the figurative mark ‘chicco’, for among others goods in class 25; International trade mark registration No 763084 of the figurative mark ‘chicco’, for among others goods in class 25
Decision of the Opposition Division: Upheld the opposition and rejected the Community trade mark application in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 15(1)(a), 42(2) and (3) of Council Regulation No 207/2009, as the Board of Appeal erred in concluding that the opponent’s evidence proved genuine use of the earlier mark in Italy. Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal erred in concluding that there was a likelihood of confusion between the CTM application and the earlier mark.