Action brought on 24 June 2011 - Italiana Calzature v OHIM - Vicini (Giuseppe GIUSEPPE ZANOTTI DESIGN)

(Case T -336/11)

Language in which the application was lodged: Italian

Parties

Applicant: Società Italiana Calzature SpA (Milan, Italy) (represented by: A. Rapisardi and C. Ginevra, lawyers)

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

Other party to the proceedings before the Board of Appeal: Vicini SpA (San Mauro Pascoli, Italy)

Form of order sought

Annul the decision of the Second Board of Appeal of 8 April 2011 in Case No R 0634/2010-2 and, accordingly, uphold the decision of the Opposition Division of 5 March 2010 relating to Opposition No 1350711.

Order OHIM to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: VICINI SpA

Community trade mark concerned: Figurative mark containing the word element 'GIUSEPPE' (application for registration No 6.513.386), for goods and services in Classes 18 and 25

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

Mark or sign cited in opposition: Community word mark 'ZANOTTI' (No 244.277), for goods and services in Class 25, and Italian figurative mark containing the word element 'Zanotti', for goods in Classes 18 and 25

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Opposition rejected in its entirety

Pleas in law: Misinterpretation and misapplication of Article 8(2)(b) of Regulation No 207/2009 on the Community trade mark.

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