Action brought on 21 March 2014 – Cristiano di Thiene v OHIM – Nautica Apparel (AERONAUTICA)

(Case T-193/14)

Language in which the application was lodged: English

Parties

Applicant: Cristiano di Thiene SpA (Thiene, Italy) (represented by: F. Fischetti and F. Celluprica, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nautica Apparel, Inc. (New York, United States)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 January 2014 given in Case R 96/2013-4.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “AERONAUTICA” for goods in services in Classes 9, 18, 20, 25, 35, 42 and 43 – Community trade mark application No 7 508 237

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Several earlier Community and UK trade mark registrations of the word marks “NAUTICA” and “NAUTICA BLUE” for goods and services in Classes 8, 9, 18, 20, 25, 27 and 35

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR.