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Case T-185/16: Action brought on 25 April 2016 — Make up for ever v EUIPO — L’Oréal (MAKE UP FOR EVER PROFESSIONAL)
ECLI:EU:UNKNOWN:62016TN0185
62016TN0185
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Valentina R., lawyer
4.7.2016
EN
Official Journal of the European Union
C 243/36
(Case T-185/16)
(2016/C 243/39)
Language in which the application was lodged: French
Parties
Applicant: Make up for ever SA (Paris, France) (represented by: C. Caron, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: L’Oréal (Paris, France)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU figurative trade mark containing the word elements ‘MAKE UP FOR EVER PROFESSIONAL’ — EU trade mark No 3 371 341
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fifth Board of Appeal of the EUIPO of 5 February 2016 in Case R 3222/20014-5
Form of order sought
The applicant claims that the Court should:
—conclude that the semi-figurative EU trade mark ‘MAKE UP FOR EVER PROFESSIONAL’ No 3 371 341 is valid for all of the goods and services covered by the filing;
—annul the contested decision;
—refer the case back to the EUIPO for further action, if necessary;
—order the company L’Oréal to pay the costs arising from the proceedings before the Cancellation Division of the EUIPO, the Board of Appeal of the EUIPO and the present proceedings before the General Court.
Pleas in law
—Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009;
—Infringement of Article 7(3) of Regulation No 207/2009.