27.10.2012

EN

Official Journal of the European Union

C 331/29

(Case T-392/12)

(2012/C 331/56)

Language in which the application was lodged: Italian

Parties

Applicant: Luigi Lavazza SpA (Turin, Italy) (represented by: A. Vanzetti, G.E. Sironi, M. Ricolfi and C.E. Mezzetti, lawyers)

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

Other party to the proceedings before the Board of Appeal: Commercialunione Prima Srl (Bresso, Italy)

Form of order sought

—uphold the action and annul the decision of the First Board of Appeal of 26 June 2012 in Case R 124/2011-1, on grounds of infringement of Article 8(1)(b) of Regulation No 207/2009;

—reject the opposition of Commercialunione Prima Srl to the European Union-wide registration of international trade mark No W000943981 ‘Lavazza a modo mio’ and, consequently, grant the same scope of registration;

—order that the costs borne by Luigi Lavazza SpA in the proceedings be fully awarded in its favour.

Pleas in law and main arguments

Applicant for a Community trade mark: Luigi Lavazza SpA

Community trade mark concerned: Figurative mark ‘LAVAZZA A MODO MIO’ for goods and services in Classes 11, 29, 30 and 43 — International registration for European Union No W00 943 981

Proprietor of the mark or sign cited in the opposition proceedings: Commercialunione Prima Srl

Mark or sign cited in opposition: National figurative marks ‘A MODO MIO’, ‘la PIZZA A MODO MIO’ and ‘A MODO MIO BIRRA & MUSIC’ for services in Class 42

Decision of the Opposition Division: Action partially upheld

Decision of the Board of Appeal: The Board of Appeal took note of the withdrawal of the application for registration of ‘LAVAZZA A MODO MIO’ for Class 43 only and dismissed the action as to the remainder

Pleas in law: Infringement of Article 8(1)(b) and the second part of Article 76(1) of Regulation No 207/2009