# C_2004217EN.01002201.xml

| 28.8.2004 | EN | Official Journal of the European Union | C 217/22 |
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28.8.2004

EN

Official Journal of the European Union

C 217/22

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Action brought on 25 May 2004 by Lancôme Parfums et Beauté & Cie against the Office for Harmonisation in the Internal Market

(Case T-185/04)

(2004/C 217/40)

Language of the case: French

An action against the Office for Harmonisation in the Internal Market (OHIM) was brought before the Court of First Instance of the European Communities on 25 May 2004 by Lancôme Parfums et Beauté & Cie, established in Paris, represented by Muriel Antoine-Lalance, lawyer.

Jacqueline Baudon was also a party to the proceedings in the proceedings before the Fourth Board of Appeal.

The applicant claims that the Court should:

| — | annul the decision of the Fourth Board of Appeal of OHIM of 11 March 2004 (Case R 0039/2002-4) relating to the opposition procedure between Lancôme Parfums et Beauté & Cie and Madame Jacqueline Baudon; |
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annul the decision of the Fourth Board of Appeal of OHIM of 11 March 2004 (Case R 0039/2002-4) relating to the opposition procedure between Lancôme Parfums et Beauté & Cie and Madame Jacqueline Baudon;

| — | order OHIM to pay the costs. |
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order OHIM to pay the costs.

Pleas in law and main arguments:

| Community trade mark subject of invalidity application: | Word mark AROMACOSMETIQUE – Application No 886.335, for products entered in classification 3 (cosmetic, beauty and make-up preparations) |
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| Owner of the mark subject of invalidity application: | The applicant company |
| Cancellation application: | Mme Jacqueline Baudon, holder of the French word marks ‘AROMACOSMETIQUE’, No 92/408 786, for services in classification 42, and No 98/739 256, for products in classifications 3 and 5 |
| Decision of the cancellation division: | Cancellation of the Community trade mark AROMACOSMETIQUE allowed due to the risk of confusion with the earlier national trade mark No 98/739 256 |
| Decision of the Board of Appeal: | Appeal dismissed |
| Pleas in law: | Infringement of Articles 61, 62, 73 and 79 of Regulation No 40/94 on the Community trade mark, Article 41 of the Charter of Fundamental Rights of the European Union and Article 6(1) of the European Convention on Human Rights. |

Community trade mark subject of invalidity application:

Word mark AROMACOSMETIQUE – Application No 886.335, for products entered in classification 3 (cosmetic, beauty and make-up preparations)

Owner of the mark subject of invalidity application:

The applicant company

Cancellation application:

Mme Jacqueline Baudon, holder of the French word marks ‘AROMACOSMETIQUE’, No 92/408 786, for services in classification 42, and No 98/739 256, for products in classifications 3 and 5

Decision of the cancellation division:

Cancellation of the Community trade mark AROMACOSMETIQUE allowed due to the risk of confusion with the earlier national trade mark No 98/739 256

Decision of the Board of Appeal:

Appeal dismissed

Pleas in law:

Infringement of Articles 61, 62, 73 and 79 of Regulation No 40/94 on the Community trade mark, Article 41 of the Charter of Fundamental Rights of the European Union and Article 6(1) of the European Convention on Human Rights.

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