Action brought on 25 October 2013 – Giovanni Cosmetics v OHIM – Vasconcelos & Gonçalves (GIOVANNI GALLI)

(Case T-559/13)

Language in which the application was lodged: English

Parties

Applicant: Giovanni Cosmetics, Inc. (Rancho Dominguez, United States) (represented by: J. van den Berg and M. Meddens-Bakker, lawyers)

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

Other party to the proceedings before the Board of Appeal: Vasconcelos & Gonçalves, SA (Lisbon, Portugal)

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 (Trade Marks and Designs) of 13 August 2013 given in Case R 1189/2012-2;

Order that the CTM application No 9 232 471 be refused;

Order the defendant to pay the costs of 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 the verbal element “GIOVANNI GALLI” for goods and services in Classes 3, 14 and 18 – Community trade mark application No 9 232 471

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

Mark or sign cited in opposition: Community trade mark registration No 2 404 283 of the word mark “GIOVANNI” for goods in Class 3

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b)CTMR.