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Document 62014TN0135

    Case T-135/14: Action brought on 20 February 2014 — Kicktipp v OHIM — Società Italiana Calzature (kicktipp)

    OJ C 135, 5.5.2014, p. 54–55 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    5.5.2014   

    EN

    Official Journal of the European Union

    C 135/54


    Action brought on 20 February 2014 — Kicktipp v OHIM — Società Italiana Calzature (kicktipp)

    (Case T-135/14)

    2014/C 135/70

    Language in which the application was lodged: English

    Parties

    Applicant: Kicktipp GmbH (Düsseldorf, Germany) (represented by: A. Dreyer, lawyer)

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

    Other party to the proceedings before the Board of Appeal: Società Italiana Calzature Srl (Milan, Italy)

    Form of order sought

    The applicant claims that the Court should:

    Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 December 2013 given in Case R 1061/2012-2;

    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 ‘kicktipp’ for goods and services in Classes 25, 35, 38 and 41 — Community trade mark application No 8 874 281

    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 trademarks Nos 348 149, 905 554, 905 554 for goods in Class 25

    Decision of the Opposition Division: Upheld the opposition

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.


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