Action brought on 22 July 2013 – Costa Crociere v OHIM - Guerlain (SAMSARA)

(Case T-388/13)

Language in which the application was lodged: English

Parties

Applicant: Costa Crociere SpA (Genova, Italy) (represented by: A. Vanzetti, S. Bergia and G. Sironi, lawyers)

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

Other party to the proceedings before the Board of Appeal: Guerlain SA (Levallois-Perret, France)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of 13 May 2013 given in Case R 2049/2011-4; and

Order the other parties to reimburse the costs incurred by the applicant before the OHIM, as well as during the present proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The verbal mark SAMSARA for services in class 44 – Community trade mark application No 8 979 122

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: Community trade mark registration No 497 966 of the verbal mark SAMSARA for goods in class 3

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8 (1) (b) of Council Regulation (EC) No 207/2009 on the Community trade mark¹ .

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¹ OJ 2009 L 78, p. 1