Action brought on 10/08/2010 — Abercrombie & Fitch Europe/OHMI — Gilli (GILLY HICKS)

(Case T-336/10)

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2010/C 274/44

Language in which the application was lodged: English

Parties

Applicant: Abercrombie & Fitch Europe SA (Mendrisio, Switzerland) (represented by: S. Malynicz, Barrister, D. Stone and L. Ritchie, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Gilli Srl (Milano, Italy)

Form of order sought

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “GILLY HICKS”, for goods and services in classes 3, 14, 25 and 35 — Community trade mark application No 5194543

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: Community trade mark registration No 3566007 of the figurative mark “GILLI”, for goods in classes 3, 9, 14 and 25

Decision of the Opposition Division: Upheld the opposition partially

Decision of the Board of Appeal: Annulled the contested decision partially

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal did not carry out a correct visual, aural or conceptual comparison of the marks and therefore erred in relation to the likelihood of confusion.