CELEX: 62010TN0559
Language: en
Date: 2010-12-07 00:00:00
Title: Case T-559/10: Action brought on 7 December 2010 — Laboratoire Garnier v OHIM (natural beauty)

5.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/16
            
         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
   
   
               —
            
            
               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;
            
         
               —
            
            
               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.