30.3.2015

Official Journal of the European Union

C 107/35

(Case T-60/15)

(2015/C 107/46)

Language in which the application was lodged: Spanish

Parties

Applicant: Laboratorios Ern, SA (Barcelona, Spain) (represented by: T. González Martínez, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Dermogen Farma, SA (Madrid, Spain)

Details of the proceedings before OHIM

Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community word mark ‘ETERN JUVENTUS’ — Application for registration No 10 862 548

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 6 November 2014 in Case R 2414/2013-1

Form of order sought

The applicant claims that the Court should:

—annul the decision of the First Board of Appeal of OHIM of 6 November 2014 in Case R 2414/2013-1 in relation to the partial granting of the trade mark application for the following services: Class 35 ‘Retailing, wholesaling and sale via global computer networks of dentifrices; sole agencies and business representation relating to dentifrices’;

—refuse Community trade mark application No 10 862 548 ‘ETERN JUVENTUS’ for ‘Retailing, wholesaling and sale via global computer networks of dentifrices; sole agencies and business representation relating to dentifrices’ in Class 35; and

—order OHIM, and if applicable, the other party to the proceedings before the Board of Appeal, to pay the costs.

Plea in law

—Infringement of Article 8(1)(b) of Regulation No 207/2009.