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Case T-448/13: Judgment of the General Court of 3 June 2015 — Bora Creations v OHIM — Beauté prestige international (essence) (Community trade mark — Invalidity proceedings — Community word mark essence — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — No distinctive character — Article 7(1)(b) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62013TA0448
62013TA0448
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Official Journal of the European Union
C 236/35
(Case T-448/13)(1)
((Community trade mark - Invalidity proceedings - Community word mark essence - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - No distinctive character - Article 7(1)(b) of Regulation No 207/2009))
(2015/C 236/46)
Language of the case: English
Parties
Applicant: Bora Creations, SL (Ceuta, Spain) (represented by: R. Lange, G. Hild and C. Pape, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Beauté prestige international (Paris, France) (represented by: T. de Haan and P. Péters, lawyers)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 6 June 2013 (Case R 1085/2012-5), relating to invalidity proceedings between Beauté prestige international and Bora Creations, SL.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Bora Creations, SL to pay the costs.
OJ C 304, 19.10.2013.