Action brought on 21 May 2013 – Max Mara Fashion Group/OHIM – Mackays Stores (M&Co.)

(Case T-272/13)

Language in which the application was lodged: English

Parties

Applicant: Max Mara Fashion Group Srl (Torino, Italy) (represented by: F. Terrano, lawyer)

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

Other party to the proceedings before the Board of Appeal: Mackays Stores Ltd (Renfrew, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Annul the contested decision of the Second Board of Appeal of 7 March 2013 in Case R 1199/2012-2;

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark containing the word element “M&Co.” for goods and services in classes 25 and 35 – Community trade mark application No 9 128 679

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Figurative marks containing the word element “MAX&Co.” for goods and services in classes 18, 24, 25, 35, 42

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

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