11.8.2014

EN

Official Journal of the European Union

C 261/29

(Case T-343/14)

2014/C 261/53

Language in which the application was lodged: English

Parties

Applicant: Arrigo Cipriani (Venice, Italy) (represented by: A. Vanzetti, S. Bergia, and G. Sironi, lawyers)

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

Other party to the proceedings before the Board of Appeal: Hotel Cipriani (Venice, Italy)

Form of order sought

The applicant claims that the Court should:

—Cancel the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 March 2014 in Case R 224/2012-4 and declare the nullity, pursuant to Article 52(1)(b) and Article 53(2)(a) of Regulation No 207/2009 in connection with Article 8.3 of the Italian Code of Industrial Property, of the trademark ‘Cipriani’ No 115824 held by Hotel Cipriani for all goods and services for which the trademark is registered or;

—Subordinately, for all goods or services other than ‘hotels and hotel reservation’ services or;

—Subordinately in relation to services of ‘restaurants, cafeterias, public eating places, bars, catering, delivery of drinks and beverages for immediate consumption’ or;

—Remit the proceedings to the OHIM so that it may issue that declaration of nullity;

—Order that Mr Arrigo Cipriani’s costs for these proceedings be entirely reimbursed.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘CIPRIANI’ for goods and services in Classes 16, 35 and 42 — Community trade mark No 115 824

Proprietor of the Community trade mark: Hotel Cipriani

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: The trade mark had been registered in bad faith and infringed the right to a renowned personal name ‘CIPRIANI’

Decision of the Cancellation Division: The application for a declaration of invalidity was rejected

Decision of the Board of Appeal: The appeal was dismissed

Pleas in law:

—Violation of Article 53(2)(a) of Regulation No 207/2009 in relation to article 8.3 of the Italian Code of Industrial Property;

—Violation of Article 52(1)(b) of Regulation No 207/2009.