Notices for publication in the OJ nº T-357/09 of Court of First Instance of the European Communities, October 23, 2009

• Resolution Date: October 23, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-357/09

Action brought on 15 September 2009 - Pucci International v OHIM - El Corte Inglés (Emidio Tucci)

(Case T-357/09)

Language in which the application was lodged: English

Parties

Applicants: Emilio Pucci International BV (Baarn, The Netherlands) (represented by: M. Boletto, E. Gavuzzi, G. Lazzeretti and P. Roncaglia, lawyers)

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

Other party to the proceedings before the Board of Appeal: El Corte Inglés, SA (Madrid, Spain)

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 18 June 2009 in joined cases R 770/2008-2 and R 826/2008-2, in so far as it accepted registration of Community trade mark application No 3 679 594 "Emidio Tucci" for all the goods and services it covers in classes 1, 2, 4-17, 19, 20, 21, 22, 23, 26-45;

Order the defendant to pay the costs incurred by the applicant during these proceedings; and

Order the other party to the proceedings before the Board of Appeal to pay the costs incurred by the applicant during the proceedings before OHIM's Opposition Division and Board of Appeal.

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark "Emidio Tucci", for goods and services in classes 1-45

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

Mark or sign cited...