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Document 62010TN0559

    Case T-559/10: Action brought on 7 December 2010 — Laboratoire Garnier v OHIM (natural beauty)

    SL C 38, 5.2.2011, p. 16–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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.

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