Source: EURLEX
Language: en
Format: md

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| 19.10.2013 | EN | Official Journal of the European Union | C 304/21 |

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Action brought on 14 August 2013 — L’Oréal v OHIM — Cosmetica Cabinas (AINHOA)

(Case T-426/13)

2013/C 304/36

Language in which the application was lodged: English

Parties

Applicant: L’Oréal SA (Paris, France) (represented by: M. Granado Carpenter and M. Polo Carreño, lawyers)

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

Other party to the proceedings before the Board of Appeal: Cosmetica Cabinas, SL (El Masnou, Spain)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 June 2013 given in Case R 1642/2012-1; |

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| — | Award the applicant the costs incurred by the present proceedings. |

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The word mark ‘AINHOA’ for services and goods in Classes 3, 35 and 39 — Community trade mark registration No 2 720 811

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

Party applying for revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: Revoked the rights of the CTM proprietor in respect of services in Classes 35 and 39 and rejected the application for revocation in respect of ‘cosmetic products’ in Class 3

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 51(1)(a) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark[(1)](#ntr1-C_2013304EN.01002101-E0001).

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