Action brought on 8 August 2013 – Tsujimoto v OHIM – Kenzo (KENZO ESTATE)

(Case T-414/13)

Language in which the application was lodged: English

Parties

Applicant: Kenzo Tsujimoto (Osaka, Japan) (represented by: A. Wenninger-Lenz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Kenzo (Paris, France)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trademarks and Designs) of 22 May 2013 given in Case R 333/2012-2;

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark KENZO ESTATE for goods in Class 33 – International Registration No 953373

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 in opposition: Community trade mark registration No 720 706 of the word trade mark KENZO for goods in Classes 3, 18 and 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Upheld the appeal and annulled the contested decision

Pleas in law: Infringement of Article 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark¹ .

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¹ OJ L 78, p. 1