Action brought on 15 April 2010 - Seven v OHIM - Seven For All Mankind (SEVEN FOR ALL MANKIND)

(Case T-176/10)

Language in which the application was lodged: Italian

Parties

Applicant: Seven SpA (Leinì, Italy) (represented by: L. Trevisan, lawyer)

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

Other party to the proceedings before the Board of Appeal: Seven For All Mankind LLC

Form of order sought

Annul the decision of the Second Board of Appeal of 28 January 2010.

Order OHIM to bear its own costs and to pay the costs incurred by Seven SpA in the present proceedings and in the proceedings before the Board of Appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: Seven For All Mankind LLC

Community trade mark concerned: Word mark 'SEVEN FOR ALL MANKIND' (Application No 4 443 222), for goods in Classes 14 and 18.

Proprietor of the mark or sign cited in the opposition proceedings: Seven SpA.

Mark or sign cited in opposition: Two Community figurative marks (No 591 206 and No 3 489 234 for goods in Classes 16, 18 and 25) and an international trade mark (No 731 954, for goods in Classes 3, 9, 12, 14, 15, 16, 18, 20, 22, 25 and 28) which contain the word element 'SEVEN'.

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Misapplication of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.

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