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Case T-202/14: Action brought on 28 March 2014 — LR Health & Beauty Systems/OHIM — Robert McBride (LR nova pure.)
ECLI:EU:UNKNOWN:62014TN0202
62014TN0202
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21.7.2014
EN
Official Journal of the European Union
C 235/20
(Case T-202/14)
2014/C 235/27
Language in which the application was lodged: English
Parties
Applicant: LR Health & Beauty Systems GmbH (Ahlen, Germany) (represented by: N. Weber and L. Thiel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Robert McBride Ltd (Manchester, United Kingdom)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 January 2014 in case R 272/2013-2;
—Order the defendant and, if appropriate, the other party to the proceedings to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark containing the word elements ‘LR nova pure.’ for goods in Class 3 — Community trade mark application No 9 8 51 361
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: International trade mark registration of the word mark NOVA
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009