This document is an excerpt from the EUR-Lex website
Document 62012TN0363
Case T-363/12: Action brought on 8 August 2012 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC natural beauty)
Case T-363/12: Action brought on 8 August 2012 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC natural beauty)
Case T-363/12: Action brought on 8 August 2012 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC natural beauty)
SL C 355, 17.11.2012, p. 27–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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17.11.2012 |
EN |
Official Journal of the European Union |
C 355/27 |
Action brought on 8 August 2012 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC natural beauty)
(Case T-363/12)
2012/C 355/59
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:
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annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 May 2012 (Case R 1134/2001-2) refusing registration of ‘CLEANIC natural beauty’ as a Community trade mark for goods in Classes 3, 5 and 16; |
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amend the contested decision by registration of the trade mark for all the goods and services applied for; |
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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 natural beauty’ 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).