Action brought on 23 April 2010 - Emram v OHIM - Guccio Gucci (G)

(Case T-187/10)

Language in which the application was lodged: French

Parties

Applicant: Maurice Emram (Marseille, France) (represented by: M. Benavï, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Guccio Gucci SpA (Florence, Italy)

Form of order sought

annulment of the decision of OHIM in Case R 1281/2008-1;

reject the opposition to the filing of the trade mark G line No 2421402 of Gucci spa;

consequently, order OHIM to pay the costs;

order Gucci spa to pay the costs or expenses of the proceedings before OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: Maurice Emram.

Community trade mark concerned: Figurative trade mark "G" for goods in Classes 9, 18 and 25 - Application No 2 421 402.

Proprietor of the mark or sign cited in the opposition proceedings: Guccio Gucci SpA.

Mark or sign cited in opposition: Community and national figurate trade marks "G" for goods in Classes 9, 18 and 25.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and refusal to register the mark applied for.

Pleas in law: Infringement of Articles 8 and 75 of Regulation No 40/94 (now Articles 8 and 77 of Regulation No 207/2009) inasmuch as the Board of Appeal failed to apply the legal provisions concerned correctly and carried out too brief an analysis of the evidence raised by the applicant.

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