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Case T-272/13: Action brought on 21 May 2013 — Max Mara Fashion Group/OHIM — Mackays Stores (M&Co.)
ECLI:EU:UNKNOWN:62013TN0272
62013TN0272
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EN
Official Journal of the European Union
C 207/47
Action brought on 21 May 2013 — Max Mara Fashion Group/OHIM — Mackays Stores (M&Co.)
(Case T-272/13)
2013/C 207/78
Language in which the application was lodged: English
Parties
Applicant: Max Mara Fashion Group Srl (Torino, Italy) (represented by: F. Terrano, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Mackays Stores Ltd (Renfrew, United Kingdom)
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision of the Second Board of Appeal of 7 March 2013 in Case R 1199/2012-2;
—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 figurative mark containing the word element ‘M&Co.’ for goods and services in classes 25 and 35 — Community trade mark application No 9 128 679
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Figurative marks containing the word element ‘MAX&Co.’ for goods and services in classes 18, 24, 25, 35, 42
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.