Judgment — ECLI:EU:T:2016:28
Date: 2016-01-26
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 28 March 2014 – LR Health & Beauty Systems/OHIM – Robert McBride (LR nova pure.) (Case T-202/14) Language in which the application was lodged: English Parties Applicant: LR Health & Beauty Systems GmbH (Ahlen, Germany) (represented by: N. Weber and L. Thiel, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Robert McBride Ltd (Manchester, United Kingdom) 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 22 January 2014 in case R 272/2013-2; Order the defendant and, if appropriate, the other party to the proceedings to pay the costs. Pleas in law and main arguments Applicant for a Community trade mark: The applicant Community trade mark concerned: The figurative mark containing the word elements “LR nova pure.” for goods in Class 3 – Community trade mark application No 9 851 361 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: International trade mark registration of the word mark NOVA Decision of the Opposition Division: Upheld the opposition Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009