Action brought on 20 February 2014 – Kicktipp v OHIM – Società Italiana Calzature (kicktipp)

(Case T-135/14)

Language in which the application was lodged: English

Parties

Applicant: Kicktipp GmbH (Düsseldorf, Germany) (represented by: A. Dreyer, lawyer)

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

Other party to the proceedings before the Board of Appeal: Società Italiana Calzature Srl (Milan, Italy)

Form of order sought

The applicant claims that the 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 12 December 2013 given in Case R 1061/2012-2;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “kicktipp” for goods and services in Classes 25, 35, 38 and 41 – Community trade mark application No 8 874 281

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: Italian trademarks Nos 348 149, 905 554, 905 554 for goods in Class 25

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.