Action brought on 30. September 2013 – Kenzo/OHIM – Tsujimoto (KENZO ESTATE)

(Case T-528/13)

Language in which the application was lodged: English

Parties

Applicant: Kenzo (Paris, France) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)

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

Other party to the proceedings before the Board of Appeal: Kenzo Tsujimoto (Osaka, Japan)

Form of order sought

The applicant claims that the Court should:

annul the contested decision in so far as it accepted International registration No. 1016724 designating the European Union for the mark “Kenzo Estate” for: “Olive oil (for food); grape seed oil (for food); edible oils and fats; raisins; processed vegetables and fruits; frozen vegetables; frozen fruits; raw pulses; processed meat products; processed seafood” in class 29; “Confectionery, bread and buns; wine vinegar; olive dressing; seasonings (other than spices); spices; sandwiches; pizzas; hot dogs (sandwiches); meat pies; ravioli” in class 30; and “Grapes (fresh); olives (fresh); fruits (fresh); vegetables (fresh); seeds and bulbs” in class 31;

order OHIM to pay the costs incurred by the applicant during these proceedings;

order Kenzo Tsujimoto to pay the costs incurred by the applicant in the proceedings.

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 word mark “KENZO ESTATE” for goods and services in classes 29, 30, 31, 35, 41 and 43 – International Registration No W 1 016 724

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

Mark or sign cited in opposition: Community 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: Dismissed the appeal in part

Pleas in law: Infringement of Article 8(5) of Council Regulation No 207/2009.