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Document 62013TN0559

Case T-559/13: Action brought on 25 October 2013 — Giovanni Cosmetics v OHIM — Vasconcelos & Gonçalves (GIOVANNI GALLI)

IO C 24, 25.1.2014, p. 23–24 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

25.1.2014   

EN

Official Journal of the European Union

C 24/23

Action brought on 25 October 2013 — Giovanni Cosmetics v OHIM — Vasconcelos & Gonçalves (GIOVANNI GALLI)

(Case T-559/13)

2014/C 24/41

Language in which the application was lodged: English

Parties

Applicant: Giovanni Cosmetics, Inc. (Rancho Dominguez, United States) (represented by: J. van den Berg and M. Meddens-Bakker, lawyers)

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

Other party to the proceedings before the Board of Appeal: Vasconcelos & Gonçalves, SA (Lisbon, Portugal)

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 13 August 2013 given in Case R 1189/2012-2;

—

Order that the CTM application No 9 232 471 be refused;

—

Order the defendant to pay the costs of 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 figurative mark containing the verbal element ‘GIOVANNI GALLI’ for goods and services in Classes 3, 14 and 18 — Community trade mark application No 9 232 471

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 2 404 283 of the word mark ‘GIOVANNI’ for goods in Class 3

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b)CTMR.

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