Action brought on 28 January 2008 - Fusco v OHIM - Fusco International (FUSCOLLECTION)

(Case T -48/08)

Language in which the application was lodged: Italian

Parties

Applicant: Vincenzo Fusco (represented by: B. Saguatti, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Antonio Fusco International SA, Luxembourg (Lugano branch) (Lugano, Switzerland)

Form of order sought

annul the decision of the Second Board of Appeal of 24 October 2007 and amend it to the effect that the action brought by the applicant before the Board of Appeal should be considered to be well founded and, consequently, the opposition should be upheld;

order OHIM and the intervening party, Antonio Fusco International SA, to pay the costs of the present proceedings and those of the proceedings before the Board of Appeal and the Opposition Division.

Pleas in law and main arguments

Applicant for a Community trade mark: Antonio Fusco International SA, Luxembourg (Lugano branch)

Community trade mark concerned: Figurative mark FUSCOLLECTION (application for registration No 1. 503.366) in respect of goods in Classes 9, 18 and 25

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark (No 727.375) and Italian trade mark (No 489.262) ENZO FUSCO in respect of goods in Class 25

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Art 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark

____________