26.1.2013

EN

Official Journal of the European Union

C 26/55

(Case T-490/12)

2013/C 26/112

Language in which the application was lodged: English

Parties

Applicant: Arnoldo Mondadori Editore SpA (Milan, Italy) (represented by: G. Dragotti and R. Valenti, lawyers)

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

Other party to the proceedings before the Board of Appeal: Grazia Equity GmbH (Stuttgart, Germany)

Form of order sought

The applicant claims that the Court should:

—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 1958/2010-4; and

—Order OHIM to pay the costs.

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 word mark ‘GRAZIA’, for services in classes 35 and 36 — Community trade mark application No 6840466

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

Mark or sign cited in opposition: Italian trade mark registration No 906507 of the figurative mark ‘GRAZIA’, for goods and services in classes 3, 9, 16, 18, 25 and 38; Community trade mark registration No 1714146 of the figurative mark ‘GRAZIA’, for goods and services in classes 3, 9, 16, 18 and 38; Italian trade mark registration No 1049965 of the word mark ‘GRAZIA’, for goods in class 16; Italian trade mark registration No 1050165 and International trade mark registrations No 276829, No 276833 and No 817006 for the above marks, for goods and services in classes 9, 16 or 38

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 Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009.