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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
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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; |
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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.