Action brought on 20 February 2012 - Chico's Brands Investments v OHIM - Artsana (CHICO'S)

(Case T-83/12)

Language in which the application was lodged: English

Parties

Applicant: Chico's Brands Investments, Inc. (Fort Myers, United States) (represented by: T. Holman, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Artsana SpA (Grandate, Italy)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 October 2011 in case R 2084/2010-1;

Order the defendant to pay to the applicant, the applicant's costs of and occasioned by this appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "CHICO'S", for goods and services in classes 25 and 35 - Community trade mark application No 1585579

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: Italian trade mark registration No 420865 of the figurative mark "chicco", for among others goods in class 25; Italian trade mark registration No 846672/380042 of the figurative mark "chicco", for among others goods in class 25; International trade mark registration No 763084 of the figurative mark "chicco", for among others goods in class 25

Decision of the Opposition Division: Upheld the opposition and rejected the Community trade mark application in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 15(1)(a), 42(2) and (3) of Council Regulation No 207/2009, as the Board of Appeal erred in concluding that the opponent's evidence proved genuine use of the earlier mark in Italy. Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal erred in concluding that there was a likelihood of confusion between the CTM application and the earlier mark.

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