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Case T-400/13: Action brought on 5 August 2013 — L’Oréal v OHIM — Cosmetica Cabinas (AINHOA)
ECLI:EU:UNKNOWN:62013TN0400
62013TN0400
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Valentina R., lawyer
12.10.2013
EN
Official Journal of the European Union
C 298/9
(Case T-400/13)
2013/C 298/16
Language in which the application was lodged: English
Parties
Applicant: L’Oréal (Paris, France) (represented by: M. Granado Carpenter and M. Polo Carreño, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Cosmetica Cabinas, SL (El Masnou, Spain)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of 6 June 2013 given in Case R 1643/2012-1;
—Award the applicant the cost of proceedings.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘AINHOA’ — Community trade mark registration No 2 720 811
Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
Applicant for the declaration of invalidity of the Community trade mark: The applicant
Grounds for the application for a declaration of invalidity: The cancellation applicant relied on Article 8(1)(b) and 8(5) in conjunction with Article 53(1)(a) of Council Regulation (EC) No 207/2009.
Decision of the Cancellation Division: Rejected the application for a declaration of invalidity
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) and/or 8(5), in conjunction with Article 53(1)(a) of Council Regulation (EC) No 207/2009.