Action brought on 26 September 2013 – Kicks Kosmetikkedjan/OHMI - Kik Textilien und Non-Food (KICKS)

(Case T-532/13)

Language in which the application was lodged: English

Parties

Applicant: Kicks Kosmetikkedjan AB (Stockholm, Sweden) (represented by: K. Strömholm, lawyer)

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

Other party to the proceedings before the Board of Appeal: Kik Textilien und Non-Food GmbH (Bönen, Germany)

Form of order sought

The applicant claims that the Court should:

annul the Decision;

order the OHIM to pay the costs, or alternatively, if applicable, an intervening party to do so;

authorise the registration of the contested application No 9245473 in its entirety.

Pleas in law and main arguments

Applicant for a Community trade mark: Kicks Kosmetikkedjan AB

Community trade mark concerned: the verbal mark “KICKS” for goods and services in classes 3, 8, 14, 21 and 35 – application No 9245473

Proprietor of the mark or sign cited in the opposition proceedings: Kik Textilien und Non-Food GmbH

Mark or sign cited in opposition: the German and international word mark “kik” for services in class 35

Decision of the Opposition Division: upheld the opposition for the contested goods and services

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Violation of Article 8(1)(b) of Regulation No 207/2009.