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Case T-337/11: Action brought on 24 June 2011 — Italiana Calzature v OHIM — Vicini (Giuseppe BY GIUSEPPE ZANOTTI)
ECLI:EU:UNKNOWN:62011TN0337
62011TN0337
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Valentina R., lawyer
27.8.2011
EN
Official Journal of the European Union
C 252/38
(Case T-337/11)
2011/C 252/86
Language in which the application was lodged: Italian
Parties
Applicant: Società Italiana Calzature SpA (Milan, Italy) (represented by: A. Rapisardi and C. Ginevra, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Vicini SpA (San Mauro Pascoli, Italy)
Form of order sought
—Annul the decision of the Second Board of Appeal of 8 April 2011 in Case No R 0918/2010-2 and, accordingly, uphold the decision of the Opposition Division of 30 April 2010 relating to Opposition No 992653
—Order OHIM to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: VICINI SpA
Community trade mark concerned: Figurative mark containing the word element ‘Giuseppe BY GIUSEPPE ZANOTTI’ (application for registration No 992.653), for goods in Classes 18 and 25
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Earlier Community word mark ‘ZANOTTI’ (No 244.277), for goods in Class 25
Decision of the Opposition Division: Opposition upheld in part
Decision of the Board of Appeal: Opposition rejected in its entirety
Pleas in law: Misinterpretation and misapplication of Article 8(2)(b) of Regulation No 207/2009 on the Community trade mark.