Action brought on 26 September 2013 – Kicks Kosmetikkedjan/OHIM - Kik Textilien und Non-Food (KICKS)
(Case T-531/13)
Language in which the application was lodged: English
Parties
Applicant: Kicks Kosmetikkedjan AB (Stockholm, Sweden) (represented by: K. Strömholm, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Kik Textilien und Non-Food GmbH (Bönen, Germany)
Form of order sought
The applicant claims that the Court should:
annul the decision;
order OHIM to pay the costs, or alternatively, if applicable, an intervening party to do so;
authorise the registration of the contested application No. 924 6166 in its entirety.
Pleas in law and main arguments
Applicant for a Community trade mark: Kicks Kosmetikkedjan AB
Community trade mark concerned: the figurative mark “KICKS” for goods and services in classes 3, 8, 14, 21 and 35 – application No 9246166
Proprietor of the mark or sign cited in the opposition proceedings: Kik Textilien und Non-Food GmbH
Mark or sign cited in opposition: the German and international word mark “kik” for services in class 35
Decision of the Opposition Division: upheld the opposition for the contested goods and services
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Violation of Article 8(1)(b) of Regulation No 207/2009.