Action brought on 4 September 2012 - Tsujimoto v OHIM - Kenzo (KENZO)

(Case T-393/12)

Language in which the application was lodged: English

Parties

Applicant: Kenzo Tsujimoto (Osaka, Japan) (represented by: A. Wenninger-Lenz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Kenzo SA (Paris, France)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 May 2012 in case R 1659/2011-2; and

Order the defendant to bear the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "KENZO", for goods in class 33 - Community trade mark application No 6334544

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 720706 for the word mark "KENZO", for goods and services in classes 3, 18 and 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the contested decision and rejected the CTM application in its entirety

Pleas in law:

-    Infringement of Article 8(5) of Council Regulation No 40/94; and

-    Infringement of Articles 75 and 76 of Council Regulation No 40/94.

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