CELEX: 62014TN0320
Language: en
Date: 2014-05-05 00:00:00
Title: Case T-320/14: Action brought on 5 May 2014  — Sephora v OHIM — Mayfield Trading (Representation of two vertical lines)

7.7.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 212/38
            
         Action brought on 5 May 2014 — Sephora v OHIM — Mayfield Trading (Representation of two vertical lines)
   (Case T-320/14)
   2014/C 212/50
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Sephora (Boulogne Billancourt, France) (represented by: H. Delabarre, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Mayfield Trading Ltd (Las Vegas, United States of America)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 24 February 2014 in Case R 1577/2013-4;
            
         
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               uphold the opposition and reject the application for registration of the Community trade mark No 1 0 2 14  773 lodged on 24 August 2011 by the company Mayfield Trading Ltd, for the goods in Class 3 ‘Perfumery goods; depilatory wax; essential oils; soaps; cosmetics; cosmetic creams; cosmetics kits (filled); depilatories; depilatory water; depilatory gel; hair lotions; dentifrices’ and the services in Classes 35 ‘Sale of soaps, perfumery, creams, essential oils, cosmetics, depilatory waxes, depilatory water, depilatory gel and other related goods’ and 44 ‘Hygienic and beauty care for human beings or animals; hair removal and beauty treatment’;
            
         
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               order OHIM to pay the costs including those incurred before the Board of Appeal of OHIM.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Mayfield Trading Ltd
   
      Community trade mark concerned: Figurative mark representing two vertical lines for goods and services in Classes 3, 35 and 44 — Community trade mark application No 1 0 2 14  773
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: National and international figurative mark representing a vertical line for goods in Class 3
   
      Decision of the Opposition Division: Rejection of the opposition
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Breach of Article 75 and Article 8(1)(b) of Regulation No 207/2009