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Case T-84/15: Action brought on 18 February 2015 — Laboratorios Thea v OHIM — Sebapharma (Sebacur)

ECLI:EU:UNKNOWN:62015TN0084

62015TN0084

February 18, 2015
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13.4.2015

EN

Official Journal of the European Union

C 118/42

(Case T-84/15)

(2015/C 118/54)

Language in which the application was lodged: English

Parties

Applicant: Laboratorios Thea, SA (Barcelona, Spain) (represented by: D. Mallo Saint-Jalmes, lawyer)

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

Other party to the proceedings before the Board of Appeal: Sebapharma GmbH & Co. KG (Boppard, Germany)

Details of the proceedings before OHIM

Applicant: Applicant

Trade mark at issue: Community figurative mark containing the word element ‘Sebacur’ — Community trade mark application No 1 0 5 54 194

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 18 December 2014 in Case R 2403/2013-1

Form of order sought

The applicant claims that the Court should:

Annul the contested decision to the extent that it dismissed the applicant’s request to annul the decision of the Opposition Division and it ordered the applicant to reimburse EUR 550 to Sebapharma GmbH & Co.;

Order the losing party to pay the costs.

Plea in law

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

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