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Case T-198/14: Action brought on 24 March 2014 — 100% Capri Italia v OHIM — Cantoni ITC (100% Capri)
ECLI:EU:UNKNOWN:62014TN0198
62014TN0198
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26.5.2014
EN
Official Journal of the European Union
C 159/35
(Case T-198/14)
2014/C 159/48
Language in which the application was lodged: Italian
Parties
Applicant: 100% Capri Italia Srl (Capri, Italy) (represented by: A. Perani, G. Ghisletti and F. Braga, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Cantoni ITC SpA (Milan, Italy)
Form of order sought
The applicant claims that the Court should:
—declare an infringement of Article 8(1)(b) of Regulation n. 207/2009; and, accordingly,
—annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 January 2014 in Case R 2122/2012-2;
—order OHIM to pay the costs of the present proceedings.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: Figurative mark with the word elements ‘100% Capri’ for goods in Classes 3, 18 and 25
Proprietor of the mark or sign cited in the opposition proceedings: Cantoni ITC SpA
Mark or sign cited in opposition: Figurative mark containing the word element ‘CAPRI’ and national word mark ‘CAPRI’ for goods in Classes 3, 18 and 25
Decision of the Opposition Division: Opposition upheld
Decision of the Board of Appeal: Dismissed the appeal in part
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009