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Case T-322/13: Action brought on 14 June 2013 — Tsujimoto/OHIM — Kenzo (KENZO)
ECLI:EU:UNKNOWN:62013TN0322
62013TN0322
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Valentina R., lawyer
31.8.2013
Official Journal of the European Union
C 252/31
(Case T-322/13)
2013/C 252/51
Language in which the application was lodged: English
Parties
Applicant: Kenzo Tsujimoto (Osaka, Japon) (represented by: A. Wenninger-Lenz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Kenzo (Paris, France)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trademarks and Designs) of 25 March 2013 (Case R 1364/2012-2);
—Order OHIM to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘KENZO’, for services in classes 35, 41 and 43 — Community trade mark application No 8 701 286
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: Community trade mark of the word mark ‘KENZO’, for goods in classes 3, 18 and 25
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Annulled the contested decision and rejected the CTM application in its entirety
Pleas in law: Infringement of Articles 76(2) and 8(5) of CTMR.