Source: EURLEX
Language: en
Format: md

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| 5.2.2011 | EN | Official Journal of the European Union | C 38/16 |

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Action brought on 7 December 2010 — Laboratoire Garnier v OHIM (natural beauty)

(Case T-559/10)

2011/C 38/30

Language in which the application was lodged: English

Parties

Applicant: Laboratoire Garnier et Cie (Paris, France) (represented by: R. Dissmann and A. Steegmann, lawyers)

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

Form of order sought

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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 23 September 2010 in case R 971/2010-1; |

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| — | Order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Community trade mark concerned: The figurative mark ‘natural beauty’ for goods in class 3 — Community trade mark application No 8294233

Decision of the Examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of articles 7(1)(b) and (c) of Council Regulation No 207/2009, according to article 65 (2) of Council Regulation No 207/2009, as the Board of Appeal wrongly came to the conclusion that these absolute grounds of refusal apply to the contested trade mark.

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