Action brought on 3 September 2012 - Luigi Lavazza SpA v OHIM
(Case T -392/12)
Language in which the application was lodged: Italian
Parties
Applicant: Luigi Lavazza SpA (Turin, Italy) (represented by: A. Vanzetti, G.E. Sironi, M. Ricolfi and C.E. Mezzetti, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Commercialunione Prima Srl (Bresso, Italy)
Form of order sought
uphold the action and annul the decision of the First Board of Appeal of 26 June 2012 in Case R 124/2011-1, on grounds of infringement of Article 8(1)(b) of Regulation No 207/2009;
reject the opposition of Commercialunione Prima Srl to the European Union-wide registration of international trade mark No W000943981 'Lavazza a modo mio' and, consequently, grant the same scope of registration;
order that the costs borne by Luigi Lavazza SpA in the proceedings be fully awarded in its favour.
Pleas in law and main arguments
Applicant for a Community trade mark: Luigi Lavazza SpA
Community trade mark concerned: Figurative mark 'LAVAZZA A MODO MIO' for goods and services in Classes 11, 29, 30 and 43 - International registration for European Union No W00 943 981
Proprietor of the mark or sign cited in the opposition proceedings: Commercialunione Prima Srl
Mark or sign cited in opposition: National figurative marks 'A MODO MIO', 'la PIZZA A MODO MIO' and 'A MODO MIO BIRRA & MUSIC' for services in Class 42
Decision of the Opposition Division: Action partially upheld
Decision of the Board of Appeal: The Board of Appeal took note of the withdrawal of the application for registration of 'LAVAZZA A MODO MIO' for Class 43 only and dismissed the action as to the remainder
Pleas in law: Infringement of Article 8(1)(b) and the second part of Article 76(1) of Regulation No 207/2009
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