6.11.2010

EN

Official Journal of the European Union

C 301/61

(Case T-420/10)

()

2010/C 301/97

Language in which the application was lodged: Italian

Parties

Applicant: Giorgio Armani SpA (Milan, Italy) (represented by: M. Rapisardi, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Annunziata del Prete (Naples, Italy)

Form of order sought

The applicant claims that the Court should:

—annul Decision R 1360/2009-2 of 8 July 2010 of the Second Board of Appeal for misapplication and infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 in failing to recognise that there is a risk of confusion between the marks at issue;

—uphold the applicant’s arguments as put forward in the opposition proceedings and in accordance with the decision of the Opposition Division;

—reject in its entirety, pursuant to Article 8(1)(b) of Regulation (EC) No 207/2009, Community trade mark application No 6 314 462 in the name of Annunziata del Prete, in respect of the goods and services specified therein;

—order OHIM to comply with the decision and to refuse registration of the mark ‘AJ AMICI JUNIOR’;

—order OHIM, alone and/or together with Annunziata del Prete, to reimburse Giorgio Armani SpA all costs incurred throughout the procedure;

—decide, as a consequence of the annulment, that payment should be made to Giorgio Armani SpA of all the costs incurred in the course of the procedure, including the costs incurred in the appeal, in accordance with Article 91[(b)] of the Rules of Procedure of 2 May 1991.

Pleas in law and main arguments

Applicant for a Community trade mark: Annunziata del Prete

Community trade mark concerned: Figurative mark containing the word element ‘AJ Amici Junior’ (registration application No 6 314 462), for goods and services in Classes 9, 25 and 35

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

Mark or sign cited in opposition: Italian figurative mark containing the word element ‘AJ Armani Jeans’ (No 912 114), for goods in Classes 9, 25 and 35, and the Italian word mark containing the word element ‘ARMANI JUNIOR’ (No 998 554), for goods in Classes 25 and 35

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal upheld

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 with regard to the existence of a risk of confusion between the marks at issue and between the goods covered by those marks