This document is an excerpt from the EUR-Lex website
Document 62012TN0393
Case T-393/12: Action brought on 4 September 2012 — Tsujimoto v OHIM — Kenzo (KENZO)
Case T-393/12: Action brought on 4 September 2012 — Tsujimoto v OHIM — Kenzo (KENZO)
Case T-393/12: Action brought on 4 September 2012 — Tsujimoto v OHIM — Kenzo (KENZO)
IO C 355, 17.11.2012, p. 32–32
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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17.11.2012 |
EN |
Official Journal of the European Union |
C 355/32 |
Action brought on 4 September 2012 — Tsujimoto v OHIM — Kenzo (KENZO)
(Case T-393/12)
2012/C 355/67
Language in which the application was lodged: English
Parties
Applicant: Kenzo Tsujimoto (Osaka, Japan) (represented by: A. Wenninger-Lenz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Kenzo SA (Paris, France)
Form of order sought
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 May 2012 in case R 1659/2011-2; and |
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Order the defendant to bear the costs of the proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘KENZO’, for goods in class 33 — Community trade mark application No 6334544
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: Community trade mark registration No 720706 for the word mark ‘KENZO’, for goods and services in classes 3, 18 and 25
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Annulled the contested decision and rejected the CTM application in its entirety
Pleas in law:
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Infringement of Article 8(5) of Council Regulation No 40/94; and |
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Infringement of Articles 75 and 76 of Council Regulation No 40/94. |