Action brought on 11 February 2013 - Compagnie des montres Longines, Francillon/OHIM - Staccata (QUARTODIMIGLIO)

(Case T-76/13)

Language in which the application was lodged: English

Parties

Applicant: Compagnie des montres Longines, Francillon SA (Saint-Imier, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

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

Other party to the proceedings before the Board of Appeal: Staccata Srl (Como, Italy)

Form of order sought

The applicant claims that the Court should:

Annul the decision issued on 26 November 2012 (Case R 62/2012-5) on the grounds that articles 8(1)(b) and (5) of Council Regulation (EC) No 207/2009 have indeed been fulfilled;

Order the OHIM and STACCATA S.r.l. to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark containing a device of extended wings and the word element "QUARTODIMIGLIO" for goods in classes 9, 14, 16, 18 and 25 - Community trade mark application No 9 260 597

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

Mark or sign cited in opposition: Figurative marks containing a device of extended wings and some of them the word element "LONGINES" - Community trade mark registration No 225 714, International registrations No 401 319, No 529 334, No 610 902 and No 298 063 for goods in classes 9 and 14

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and (5) of Council Regulation No 207/2009.

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