Action brought on 31 May 2013 – El Corte Inglés v OHIM – Azzedine Alaïa (ALIA)

(Case T-299/13)

Language in which the application was lodged: Spanish

Parties

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

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

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

Form of order sought

The applicant claims that the General Court should:

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 March 2013 in Case R 819/2012-2;

order both OHIM and Azzedine Alaïa to pay the costs of the present proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Applicant

Community trade mark concerned: Word mark ‘ALIA’ for goods in Classes 3, 14, 18 and 25 – Community trade mark application No 3 788 999

Proprietor of the mark or sign cited in the opposition proceedings: Azzedine Alaïa

Mark or sign cited in opposition: International word mark ‘ALAÏA’ and Community figurative mark ‘ALAÏA PARIS’ for goods and services in Classes 3, 16, 18, 20, 25 and 35 as well as earlier non-registered trade mark ‘ALAÏA’

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

Breach of Rules 20(6) and 50(1) of Regulation No 2868/95

Infringement of Article 8(1)(b) of Regulation No 207/2009