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Case T-453/15: Action brought on 6 August 2015 — Trinity Haircare v OHIM — Advance Magazine Publishers (VOGUE)
ECLI:EU:UNKNOWN:62015TN0453
62015TN0453
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Valentina R., lawyer
28.9.2015
EN
Official Journal of the European Union
C 320/46
(Case T-453/15)
(2015/C 320/64)
Language in which the application was lodged: English
Parties
Applicant: Trinity Haircare AG (Herisau, Switzerland) (represented by: J. Kroher and K. Bach, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Advance Magazine Publishers, Inc. (New York, United States)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community figurative mark in black and white containing the word element ‘VOGUE’ — Community trade mark No 9 944 547
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 27 May 2015 in Case R 2426/2014-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and declare the CTM No 009 944 547 VOGUE invalid;
—order OHIM and the other party to the proceeding before the Board of Appeal to pay the costs of the proceeding.
Pleas in law
—Infringement of Article 7(1)(c) of Regulation No 207/2009;
—Infringement of Article 7(1)(b) of Regulation No 207/2009;
—Infringement of Article 52(1)(b) of Regulation No 207/2009.