Judgment of the General Court of 2 December 2015 — Tsujimoto v OHIM — Kenzo (KENZO ESTATE)
(Case T-414/13) 1
(Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Kenzo Tsujimoto (Osaka, Japan) (represented by: A. Wenninger-Lenz, W. von der Osten-Sacken and M. Ring, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Rajh and P. Bullock, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Kenzo (Paris, France) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 22 May 2013 (Case R 333/2012-2), relating to opposition proceedings between Kenzo and Mr K. Tsujimoto.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mr Kenzo Tsujimoto to pay the costs.
____________1 OJ C 304, 19.10.2013.