CELEX: C2006/108/49
Language: en
Date: 2006-05-06 00:00:00
Title: Case T-87/06: Action brought on  14 March 2006  — L'Oréal/OHIM

6.5.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 108/27
            
         Action brought on 14 March 2006 — L'Oréal/OHIM
   (Case T-87/06)
   (2006/C 108/49)
   Language in which the application was lodged: English
   Parties
   
      Applicant: L'Oréal S.A. (Paris, France) [represented by: X. Buffet Delmas d'Autane, Lawyer]
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Revlon (Suisse) S.A. (Schlieren, Switzerland)
   Form of order sought
   
               —
            
            
               Annulment of the decision of the Fourth Board of Appeal of the OHIM of 9 January 2006 regarding the appeal R 216/2003-4 relating to opposition proceedings No B216087 (Community trade mark application No 1011626);
            
         
               —
            
            
               Order for all costs incurred in relation to all proceedings in this matter (in particular, the costs of the action and the appeal) to be awarded against the OHIM.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘FLEXI DESIGN’ for goods in class 3 — application No 1011626
   
      Proprietor of the mark or sign cited in the opposition proceedings: Revlon (Suisse) S.A.
   
      Mark or sign cited: The national word mark ‘FLEX’ for goods in classes 3 and 34
   
      Decision of the Opposition Division: Opposition upheld for all the contested goods
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Articles 15 and 43(2) of Council Regulation No 40/94 as the evidence filed by Revlon (Suisse) S.A. cannot be considered valid proof of genuine use of the word mark ‘FLEX’ during the relevant period, neither in the UK nor in France.
   Infringement of Article 8(1)(b) of the Regulation as there is no similarity between the conflicting trade marks and consequently no risk of confusion.