Action brought on 21 January 2013 - Erreà Sport v OHIM - Facchinelli (ANTONIO BACIONE)

(Case T-36/13)

Language in which the application was lodged: Italian

Parties

Applicant: Erreà Sport SpA (Torrile, Italy) (represented by: D. Caneva and G. Fucci, lawyers)

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

Other party to the proceedings before the Board of Appeal: Antonio Facchinelli (Dalang, China)

Form of order sought

The applicant claims that the Court should:

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 October 2012 in Case R 1561/2011-1 and, consequently, reject the application for registration published in Community Trade Marks Bulletin No 117/2010, lodged by Antonio Facchinelli, in respect of all the goods;

order that the costs incurred by Erreà Sport S.p.A in the present proceedings be reimbursed.

Pleas in law and main arguments

Applicant for a Community trade mark: Antonio Facchinelli

Community trade mark concerned: Figurative mark containing the word elements 'ANTONIO BACIONE', for goods in Classes 3, 14, 18 and 25 - Community trade mark application No 9 056 037

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Figurative mark containing the word element 'erreà' and figurative mark containing two intersecting rhombuses, for goods in Classes 3, 9, 14, 16, 18, 25, 28, 35 and 41

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

-    Infringement of Article 8(1)(b) of Regulation No 207/2009

-    Infringement of Article 8(5) of Regulation No 207/2009

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