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Case T-388/13: Action brought on 22 July 2013 — Costa Crociere v OHIM — Guerlain (SAMSARA)
ECLI:EU:UNKNOWN:62013TN0388
62013TN0388
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12.10.2013
EN
Official Journal of the European Union
C 298/9
(Case T-388/13)
2013/C 298/15
Language in which the application was lodged: English
Parties
Applicant: Costa Crociere SpA (Genova, 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: Guerlain SA (Levallois-Perret, France)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of 13 May 2013 given in Case R 2049/2011-4; and
—Order the other parties to reimburse the costs incurred by the applicant before the OHIM, as well as during the present proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The verbal mark SAMSARA for services in class 44 — Community trade mark application No 8 979 122
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 registration No 497 966 of the verbal mark SAMSARA for goods in class 3
Decision of the Opposition Division: Upheld the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8 (1) (b) of Council Regulation (EC) No 207/2009 on the Community trade mark (1).
(1)
OJ 2009 L 78, p. 1
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