Action brought on 7 September 2015 – Mengozzi v OHIM – Consorzio per la Tutela dell’Olio Extravergine di Oliva Toscano (TOSCORO)

(Case T-510/15)

Language in which the application was lodged: English

Parties

Applicant: Roberto Mengozzi (Monaco, Monaco) (represented by: T. Schuffenecker, lawyer)

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

Other party to the proceedings before the Board of Appeal: Consorzio per la Tutela dell’Olio Extravergine di Oliva Toscano IGP (Florence, Italy)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘TOSCORO’/ Community trade mark No 2 752 509

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the Second Board of Appeal of OHIM of 5 June 2015 in Case R 322/2014-2

Form of order sought

The applicant claims that the Court should:

partly uphold the contested decision and annul that part of the decision which invalidated the CTM registration for the goods “Edible oils fats; edible vegetable oils, notably olive oils” as well as “green and black olive creams”;

order the defendant to pay the costs of the proceedings, including those incurred by the Applicant before the Board of Appeal;

order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal, should it become an intervening party in this case.

Pleas in law

Infringement of Article 7(1)(k) of Regulation No 207/2009 and of Article 6(1) of Regulation EU No. 1151/2012;

Infringement of Article 13(1)(b) of Regulation No. 1151/2012;

Infringement of Article 15 of TRIPS Agreement.

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