Action brought on 30 March 2010 - El Corte Inglés v OHIM

(Case T -152/10)

Language in which the application was lodged: Spanish

Parties

Applicant: El Corte Inglés SA (Madrid, Spain) (represented by: J. Rivas Zurdo, M. López Camba and E. Seijo Veiguela, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Azzedine Alaïa (Paris, France)

Form of order sought

annul the decision of the Fourth Board of Appeal of OHIM;

order the party or parties which oppose this action to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark 'ALIA' (application No 3.788.999) for goods in Classes 3, 14, 18 and 25.

Proprietor of the mark or sign cited in the opposition proceedings: The French company Azzedine Alaïa.

Mark or sign cited in opposition: International word mark 'ALAÏA' (No 773.126) for goods in Classes 3, 18 and 25, Community figurative mark which contains the verbal element 'ALAÏA' (No 3.485.166), for goods and services in Classes 16, 20 and 25, and the earlier unregistered mark 'ALAÏA' for the manufacture, sale of clothing, articles for women and fashion accessories.

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.

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