Action brought on 26 September 2013 – Tsujimoto v OHIM – Kenzo (KENZO ESTATE)
(Case T-522/13)
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
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 3 July 2013 given in Case R 1363/2012-2;
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 “KENZO ESTATE” for goods and services in Classes 29, 30, 31, 35, 41 and 43 – International Registration No W 1 016 724
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: The word mark “KENZO” for goods in Classes 3, 18 and 25 – Community trade mark No 720 706
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Upheld the appeal in part
Pleas in law: Infringement of Article 8(5) CTMR.