Appeal brought on 6 December 2012 by El Corte Inglés, SA against the judgment of the General Court (Sixth Chamber) delivered on 27 September 2012 in Case T-39/10: El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-578/12 P)

2013/C 46/30

Language of the case: English

Parties

Appellant: El Corte Inglés, SA (represented by: E. Seijo Veiguela, abogada, J.L. Rivas Zurdo, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Emilio Pucci International BV

Form of order sought

The appellant claims that the Court should:

Pleas in law and main arguments

The appellant submits that there exists likelihood of confusion (article 8.1.b CTMR (1)) between the earlier trademarks ‘EMIDIO TUCCI’ and ‘E. TUCCI’ and the contested CTM application ‘PUCCI’, in respect of all the designated products in classes 3, 9, 14, 18, 25 and 28, as it has proved genuine use of all its Spanish trademarks and there is one trademark (community trademark application No. 3679528) which is not subject to this obligation, and the signs in controversy are confusingly similar. In addition, the conditions for the application of Article 8(5) CTMR 2009 are also fulfilled in the present case, as the earlier registrations enjoy a reputation in Spain in respect of articles related to fashion and the use of a similar sign by a third party would be detrimental to, and take unfair advantage of, such reputation.

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark

OJ L 78, p. 1