# C_2014212EN.01003802.xml

| 7.7.2014 | EN | Official Journal of the European Union | C 212/38 |
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7.7.2014

EN

Official Journal of the European Union

C 212/38

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Action brought on 5 May 2014 — Sephora v OHIM — Mayfield Trading (Representation of two vertical lines)

(Case T-320/14)

2014/C 212/50

Language in which the application was lodged: French

Parties

Parties

Applicant: Sephora (Boulogne Billancourt, France) (represented by: H. Delabarre, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Mayfield Trading Ltd (Las Vegas, United States of America)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 24 February 2014 in Case R 1577/2013-4; |
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annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 24 February 2014 in Case R 1577/2013-4;

| — | uphold the opposition and reject the application for registration of the Community trade mark No 1 0 2 14  773 lodged on 24 August 2011 by the company Mayfield Trading Ltd, for the goods in Class 3 ‘Perfumery goods; depilatory wax; essential oils; soaps; cosmetics; cosmetic creams; cosmetics kits (filled); depilatories; depilatory water; depilatory gel; hair lotions; dentifrices’ and the services in Classes 35 ‘Sale of soaps, perfumery, creams, essential oils, cosmetics, depilatory waxes, depilatory water, depilatory gel and other related goods’ and 44 ‘Hygienic and beauty care for human beings or animals; hair removal and beauty treatment’; |
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uphold the opposition and reject the application for registration of the Community trade mark No 1 0 2 14  773 lodged on 24 August 2011 by the company Mayfield Trading Ltd, for the goods in Class 3 ‘Perfumery goods; depilatory wax; essential oils; soaps; cosmetics; cosmetic creams; cosmetics kits (filled); depilatories; depilatory water; depilatory gel; hair lotions; dentifrices’ and the services in Classes 35 ‘Sale of soaps, perfumery, creams, essential oils, cosmetics, depilatory waxes, depilatory water, depilatory gel and other related goods’ and 44 ‘Hygienic and beauty care for human beings or animals; hair removal and beauty treatment’;

‘Perfumery goods; depilatory wax; essential oils; soaps; cosmetics; cosmetic creams; cosmetics kits (filled); depilatories; depilatory water; depilatory gel; hair lotions; dentifrices’

‘Sale of soaps, perfumery, creams, essential oils, cosmetics, depilatory waxes, depilatory water, depilatory gel and other related goods’

‘Hygienic and beauty care for human beings or animals; hair removal and beauty treatment’

| — | order OHIM to pay the costs including those incurred before the Board of Appeal of OHIM. |
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order OHIM to pay the costs including those incurred before the Board of Appeal of OHIM.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Mayfield Trading Ltd

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark representing two vertical lines for goods and services in Classes 3, 35 and 44 — Community trade mark application No 1 0 2 14  773

Community trade mark concerned:

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

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

Mark or sign cited in opposition: National and international figurative mark representing a vertical line for goods in Class 3

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejection of the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law: Breach of Article 75 and Article 8(1)(b) of Regulation No 207/2009

Pleas in law:

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