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Case T-299/13: Action brought on 31 May 2013 — El Corte Inglés v OHIM — Azzedine Alaïa (ALIA)
ECLI:EU:UNKNOWN:62013TN0299
62013TN0299
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Valentina R., lawyer
27.7.2013
EN
Official Journal of the European Union
C 215/17
(Case T-299/13)
2013/C 215/24
Language in which the application was lodged: Spanish
Parties
Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela and J. L. Rivas Zurdo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Azzedine Alaïa (Paris, France)
Form of order sought
The applicant claims that the General Court should:
—annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 March 2013 in Case R 819/2012-2;
—order both OHIM and Azzedine Alaïa to pay the costs of the present proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Applicant
Community trade mark concerned: Word mark ‘ALIA’ for goods in Classes 3, 14, 18 and 25 — Community trade mark application No 3 788 999
Proprietor of the mark or sign cited in the opposition proceedings: Azzedine Alaïa
Mark or sign cited in opposition: International word mark ‘ALAÏA’ and Community figurative mark ‘ALAÏA PARIS’ for goods and services in Classes 3, 16, 18, 20, 25 and 35 as well as earlier non-registered trade mark ‘ALAÏA’
Decision of the Opposition Division: Opposition upheld in part
Decision of the Board of Appeal: Appeal dismissed
Pleas in law:
—Breach of Rules 20(6) and 50(1) of Regulation No 2868/95
—Infringement of Article 8(1)(b) of Regulation No 207/2009