Judgment — ECLI:EU:T:2015:278
Date: 2015-05-13
Language of the case: Polish
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Poland

Action brought on 8 August 2012 - Harper Hygienics v OHIM - Clinique Laboratories (CLEANIC natural beauty) (Case T-363/12) Language in which the application was lodged: Polish Parties Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: R. Rumpel, legal adviser) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Clinique Laboratories LLC (New York, United States) 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 25 May 2012 (Case R 1134/2001-2) refusing registration of 'CLEANIC natural beauty' as a Community trade mark for goods in Classes 3, 5 and 16; amend the contested decision by registration of the trade mark for all the goods and services applied for; order the defendant to pay the costs. Pleas in law and main arguments Applicant for a Community trade mark: Harper Hygienics Community trade mark concerned: figurative trade mark containing the word element 'CLEANIC natural beauty' for goods in Classes 3, 5 and 16 Proprietor of the mark or sign cited in the opposition proceedings: Clinique Laboratories LLC Mark or sign cited in opposition: Community trade marks No 54 429 for goods in Classes 3, 14, 25 and 42 and No 2 294 429 for goods in Classes 35 and 42, and national (Polish) mark No 51 732 for goods in Classes 3 and 5 Decision of the Opposition Division: opposition upheld Decision of the Board of Appeal: appeal dismissed Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009  as regards establishment of the similarity of the trade marks and of the likelihood of confusion on the part of consumers, and infringement of Article 8(5) of that regulation ____________ 1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).