CELEX: 62012TN0364
Language: en
Date: 2012-08-08 00:00:00
Title: Case T-364/12: Action brought on 8 August 2012 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC Kindii)

17.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 355/28
            
         Action brought on 8 August 2012 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC Kindii)
   (Case T-364/12)
   2012/C 355/60
   Language in which the application was lodged: Polish
   
      Parties
   
   
      Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: R. Rumpel, legal adviser)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Clinique Laboratories LLC (New York, United States)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2012 (Case R 1135/2001-2) refusing registration of ‘CLEANIC Kindii’ as a Community trade mark for goods in Classes 3, 5 and 16;
            
         
               —
            
            
               amend the contested decision by registration of the trade mark for all the goods and services applied for;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Harper Hygienics
   
      Community trade mark concerned: figurative trade mark containing the word element ‘CLEANIC Kindii’ for goods in Classes 3, 5 and 16
   
      Proprietor of the mark or sign cited in the opposition proceedings: Clinique Laboratories LLC
   
      Mark or sign cited in opposition: Community trade marks No 54 429 for goods in Classes 3, 14, 25 and 42 and No 2 294 429 for goods in Classes 35 and 42, and national (Polish) mark No 51 732 for goods in Classes 3 and 5
   
      Decision of the Opposition Division: opposition upheld
   
      Decision of the Board of Appeal: appeal dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 (1) as regards establishment of the similarity of the trade marks and of the likelihood of confusion on the part of consumers, and infringement of Article 8(5) of that regulation
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).