Action brought on 18 October 2010 - Mayer Naman v OHIM - Daniel & Mayer (David Mayer)

(Case T-498/10)

Language in which the application was lodged: Italian

Parties

Applicant: David Mayer Naman (Rome, Italy) (represented by: S. Sutti, lawyer, S. Cazzaniga, lawyer, and V. Fedele, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Daniel & Mayer Srl (Milan, Italy)

Form of order sought

The applicant claims that the Court should:

vary the contested decision in its entirety;

order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the word element 'David Mayer' (registration application No 1518950), to designate inter alia goods in Classes 18 and 25

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity: Daniel & Mayer Srl

Trade mark right of applicant for the declaration: Italian word mark 'DANIEL & MAYER MADE IN ITALY' (No 472351), to designate goods in Class 25, and the unregistered word mark 'DANIEL & MAYER', used in Italy in relation to the 'manufacture and sale of garments and accessories'

Decision of the Cancellation Division: Application for a declaration of invalidity upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement and misapplication of Article 8 of Regulation No 207/2009

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