23.10.2010

EN

Official Journal of the European Union

C 288/52

(Case T-348/10)

()

(2010/C 288/97)

Language in which the application was lodged: Italian

Parties

Applicant: Luigi Panzeri (Monguzzi, Italy) (represented by: C. Galli, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Royal Trophy Srl (Cava di Tirreni, Italy)

Form of order sought

The applicant claims that the Court should:

—annul the decision of the First Board of Appeal of 20 May 2010 and the decision of the Opposition Division of 30 June 2009;

—declare that the applicant’s opposition to the application for registration of mark No 5 285 507 is upheld and reject the application for that mark in respect of goods in Class 25 (Clothing) and Class 28 (gymnastic and sporting articles not included in other classes) and/or adopt such other measure as the Court may deem appropriate;

—order Royal Trophy Srl to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Royal Trophy Srl

Community trade mark concerned: Figurative mark ‘Royal veste e premia lo sport’ (Registration application No 5 285 507) for goods in Classes 25 and 28

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

Mark or sign cited in opposition: Community word mark (No 1533504) and international word mark (No 5769068) ‘VESTE LO SPORT’ for goods in Class 25, and figurative mark ‘PANZERI veste lo sport’, not registered but used in the course of trade, for ‘clothing and, in particular, sportswear’

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Misapplication of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark