Action brought on 14 June 2013 – Tsujimoto/OHIM – Kenzo (KENZO)

(Case T-322/13)

Language in which the application was lodged: English

Parties

Applicant: Kenzo Tsujimoto (Osaka, Japon) (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 25 March 2013 (Case R 1364/2012-2);

Order OHIM 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”, for services in classes 35, 41 and 43 – Community trade mark application No 8 701 286

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 of the word mark “KENZO”, for goods in classes 3, 18 and 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the contested decision and rejected the CTM application in its entirety

Pleas in law: Infringement of Articles 76(2) and 8(5) of CTMR.