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Case T-811/14: Action brought on 8 December 2014 — Unilever v OHIM — Technopharma (Fair & Lovely)

ECLI:EU:UNKNOWN:62014TN0811

62014TN0811

December 8, 2014
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EN

Official Journal of the European Union

C 73/41

(Case T-811/14)

(2015/C 073/53)

Language in which the application was lodged: English

Parties

Applicant: Unilever NV (Rotterdam, Netherlands) (represented by: A. Fox, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Technopharma Ltd (London, United Kingdom)

Details of the proceedings before OHIM

Applicant: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘Fair & Lovely’ — Application for registration No 4 045 092

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 6 October 2014 in Case R 1004/2013-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision and grant a suspension of the proceedings in Case R 1004/2013-4 pending determination of the national cancellation actions against the prior national registrations and application relied on by Technopharma Ltd. in Spain, Germany, France, the Benelux ant the United Kingdom;

order OHIM and any intervener to pay the costs.

Pleas in law

Infringement of Articles 64(1) and 75 of Regulation No 207/2009;

Infringement of Rules 20(7)(c) and 50(1) of Regulation No 2868/95.

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