28.7.2012

Official Journal of the European Union

C 227/14

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(Case C-261/12 P)

2012/C 227/20

Language of the case: Italian

Parties

Appellant: Annunziata Del Prete (represented by: R. Bocchini, avvocato)

Other parties to the proceedings: Girogio Armani SpA, Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

—Set aside in full the judgment of the General Court of the European Union of 27 March 2012 and, accordingly, uphold the decision of the Second Board of Appeal of OHIM delivered on 8 July 2010 and notified on 19 July 2010, on the ground that the latter fully complied with and applied the rules laid down in the Regulation on the Community trade mark, in particular Article 8(1)(b) thereof, the only provision relied on in Opposition No B1309485.

—Order the other parties to the proceedings to pay the costs.

Pleas in law and main arguments

1.It is disputed that there is graphic similarity between Community trade mark No 6314462 ‘AMICI JUNIOR’ and Italian national figurative mark Nos 912114 ‘AJ ARMANI JEANS’ and 998554 ‘ARMANI JUNIOR’, or any aural similarity.

2.Article 8(5) of Regulation No 207/2009 and the principle that marks must be well known were applied in the judgment under appeal, even though Girogio Armani S.p.A. did not make any express reference to or rely on that provision or principle.

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Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

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