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Case T-531/13: Action brought on 26 September 2013 — Kicks Kosmetikkedjan/OHIM — Kik Textilien und Non-Food (KICKS)
ECLI:EU:UNKNOWN:62013TN0531
62013TN0531
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7.12.2013
Official Journal of the European Union
C 359/16
(Case T-531/13)
2013/C 359/32
Language in which the application was lodged: English
Parties
Applicant: Kicks Kosmetikkedjan AB (Stockholm, Sweden) (represented by: K. Strömholm, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Kik Textilien und Non-Food GmbH (Bönen, Germany)
Form of order sought
The applicant claims that the Court should:
—annul the decision;
—order OHIM to pay the costs, or alternatively, if applicable, an intervening party to do so;
—authorise the registration of the contested application No. 924 6166 in its entirety.
Pleas in law and main arguments
Applicant for a Community trade mark: Kicks Kosmetikkedjan AB
Community trade mark concerned: the figurative mark ‘KICKS’ for goods and services in classes 3, 8, 14, 21 and 35 — application No 9246166
Proprietor of the mark or sign cited in the opposition proceedings: Kik Textilien und Non-Food GmbH
Mark or sign cited in opposition: the German and international word mark ‘kik’ for services in class 35
Decision of the Opposition Division: upheld the opposition for the contested goods and services
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Violation of Article 8(1)(b) of Regulation No 207/2009.