CELEX: 62013TN0448
Language: en
Date: 2013-08-21 00:00:00
Title: Case T-448/13: Action brought on 21 August 2013 — Bora Creations v OHIM — Beauté Prestige International (essence)

19.10.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 304/22
            
         Action brought on 21 August 2013 — Bora Creations v OHIM — Beauté Prestige International (essence)
   (Case T-448/13)
   2013/C 304/38
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Bora Creations, SL (Ceuta, Spain) (represented by: R. Lange, G. Hild and C.Pape, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Beauté Prestige International SA (Paris, France)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 June 2013 given in Case R 1085/2012-5;
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘essence’ for goods in Classes 3, 4, 8, 14, 16, 21, 25 and 26 — Community trade mark registration No 6 816 144
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Grounds for the application for a declaration of invalidity: Absolute grounds pursuant to Article 52(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (CTMR) (1), namely that the CTM was registered in breach of Article 7(1)(b) and (c) CTMR
   
      Decision of the Cancellation Division: Rejected the application for a declaration of invalidity
   
      Decision of the Board of Appeal: Allowed the appeal and declared the CTM partially invalid
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) CTMR.
   
      (1)  OJ L 78, p. 1