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Document 62013TN0528

    Case T-528/13: Action brought on 30. September 2013 — Kenzo/OHIM — Tsujimoto (KENZO ESTATE)

    OJ C 367, 14.12.2013, p. 32–32 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    30/09/2013
    Date lodged:
    30/09/2013
    Author:
    General Court
    Form:
    Judicial information
    Authentic language:
    English
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    Select all documents mentioning this document
    Instruments cited in case law:
    Link

    14.12.2013   

    EN

    Official Journal of the European Union

    C 367/32

    Action brought on 30. September 2013 — Kenzo/OHIM — Tsujimoto (KENZO ESTATE)

    (Case T-528/13)

    2013/C 367/56

    Language in which the application was lodged: English

    Parties

    Applicant: Kenzo (Paris, France) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    Other party to the proceedings before the Board of Appeal: Kenzo Tsujimoto (Osaka, Japan)

    Form of order sought

    The applicant claims that the Court should:

    —

    annul the contested decision in so far as it accepted International registration No. 1016724 designating the European Union for the mark ‘Kenzo Estate’ for: ‘Olive oil (for food); grape seed oil (for food); edible oils and fats; raisins; processed vegetables and fruits; frozen vegetables; frozen fruits; raw pulses; processed meat products; processed seafood’ in class 29; ‘Confectionery, bread and buns; wine vinegar; olive dressing; seasonings (other than spices); spices; sandwiches; pizzas; hot dogs (sandwiches); meat pies; ravioli’ in class 30; and ‘Grapes (fresh); olives (fresh); fruits (fresh); vegetables (fresh); seeds and bulbs’ in class 31;

    —

    order OHIM to pay the costs incurred by the applicant during these proceedings;

    —

    order Kenzo Tsujimoto to pay the costs incurred by the applicant in the proceedings.

    Pleas in law and main arguments

    Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

    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 applicant

    Mark or sign cited in opposition: Community trade mark ‘KENZO’ for goods in classes 3, 18 and 25

    Decision of the Opposition Division: Rejected the opposition

    Decision of the Board of Appeal: Dismissed the appeal in part

    Pleas in law: Infringement of Article 8(5) of Council Regulation No 207/2009.

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