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Case T-414/13: Action brought on 8 August 2013 — Tsujimoto v OHIM — Kenzo (KENZO ESTATE)
ECLI:EU:UNKNOWN:62013TN0414
62013TN0414
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19.10.2013
Official Journal of the European Union
C 304/20
(Case T-414/13)
2013/C 304/34
Language in which the application was lodged: English
Parties
Applicant: Kenzo Tsujimoto (Osaka, Japan) (represented by: A. Wenninger-Lenz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Kenzo (Paris, France)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trademarks and Designs) of 22 May 2013 given in Case R 333/2012-2;
—Order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark KENZO ESTATE for goods in Class 33 — International Registration No 953373
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 720 706 of the word trade mark KENZO for goods in Classes 3, 18 and 25
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Upheld the appeal and annulled the contested decision
Pleas in law: Infringement of Article 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (1).
OJ L 78, p. 1