Action brought on 10/08/2010 - Abercrombie & Fitch Europe/OHMI - Gilli (GILLY HICKS)

(Case T-336/10)

Language in which the application was lodged: English

Parties

Applicant: Abercrombie & Fitch Europe SA (Mendrisio, Switzerland) (represented by: S. Malynicz, Barrister, D. Stone and L. Ritchie, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Gilli Srl (Milano, 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 20 May 2010 in case R 832/2008-1, and;

Order the defendant and the other party to the proceedings before the Board of Appeal to bear the costs of the proceedings.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark "GILLY HICKS", for goods and services in classes 3, 14, 25 and 35 - Community trade mark application No 5194543

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: Community trade mark registration No 3566007 of the figurative mark "GILLI", for goods in classes 3, 9, 14 and 25

Decision of the Opposition Division: Upheld the opposition partially

Decision of the Board of Appeal: Annulled the contested decision partially

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal did not carry out a correct visual, aural or conceptual comparison of the marks and therefore erred in relation to the likelihood of confusion.

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