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5.10.2015 |
EN |
Official Journal of the European Union |
C 328/35 |
Action brought on 12 August 2015 — L’Oréal v OHIm — LR Health & Beauty Systems (LR)
(Case T-475/15)
(2015/C 328/32)
Language in which the application was lodged: English
Parties
Applicant: L’Oréal (Paris, France) (represented by: R. Dissmann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: LR Health & Beauty Systems GmbH (Ahlen, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘LR’ — Community trade mark No 11 047 578
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of OHIM of 21 May 2015 in Case R 1143/2014-1
Form of order sought
The applicant claims that the Court should:
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partly annul the contested decision as far as the Board of Appeal rejects under point 2 the Plaintiff’s request for proof of use of the Intervener’s earlier trademarks as belated; |
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order OHIM to pay the costs of the proceedings before the court as well as the appeal proceedings before the Board of Appeal. |
Plea in law
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Infringement of Article 57(2), (3) of Regulation No 207/2009 in connection with Rule 40 of Regulation No 2868/95. |