EN

Official Journal of the European Union

C 267/78

(Case T-357/09)

2009/C 267/140

Language in which the application was lodged: English

Parties

Applicant: Emilio Pucci International BV (Baarn, The Netherlands) (represented by: M. Boletto, E. Gavuzzi, G. Lazzeretti and P. Roncaglia, lawyers)

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

Other party to the proceedings before the Board of Appeal: El Corte Inglés, SA (Madrid, Spain)

Form of order sought

—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in joined cases R 770/2008-2 and R 826/2008-2, in so far as it accepted registration of Community trade mark application No 3 679 594“Emidio Tucci” for all the goods and services it covers in classes 1, 2, 4-17, 19, 20, 21, 22, 23, 26-45;

—Order the defendant to pay the costs incurred by the applicant during these proceedings; and

—Order the other party to the proceedings before the Board of Appeal to pay the costs incurred by the applicant during the proceedings before OHIM’s Opposition Division and Board of Appeal.

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark “Emidio Tucci”, for goods and services in classes 1-45

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

Mark or sign cited: Community trade mark registration of the figurative mark “Emilio Pucci” registered for goods in classes 18 and 24; Italian trade mark registration of the word mark “EMILIO PUCCI” registered for goods classes 3, 14, 18, 21, 24, 25 and 33; Italian trade mark registration of the word mark “EMILIO PUCCI” registered for goods classes 9, 12, 18, 20, 26, 27 and 34; Italian trade mark registration of the figurative mark “Emilio Pucci” registered for goods classes 14, 18, 24 and 25

Decision of the Opposition Division: Partially accepted the opposition

Decision of the Board of Appeal: Partially upheld the appeal in cases R 826/2008-2 and R 770/2008-2; dismissed the appeal for the remainder

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation 207/2009 as the Board of Appeal erred in its conclusion that these legal provisions could not apply with respect to the goods and services covered by the Community trade mark concerned in classes 1, 2, 4-17, 19, 20, 21 (part of), 22, 23 and 26-45.