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Case T-575/15: Action brought on 28 September 2015 — Kozmetika Afrodita v OHIM — Núñez Martín and Machado Montesinos (AFRODITA COSMETICS)

ECLI:EU:UNKNOWN:62015TN0575

62015TN0575

September 28, 2015
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EN

Official Journal of the European Union

C 406/38

(Case T-575/15)

(2015/C 406/39)

Language in which the application was lodged: Slovene

Parties

Applicant: Kozmetika Afrodita d.o.o. (Rogaška Slatina, Slovenia) (represented by: B. Grešak, lawyer)

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

Other parties to the proceedings before the Board of Appeal: Pedro Nuñez Martín (Madrid, Spain) and Carmen Guillermina Machado Montesinos (Madrid, Spain)

Details of the proceedings before OHIM

Applicant for the contested mark: Applicant

Trade mark at issue: Community figurative mark containing the word element ‘AFRODITA COSMETICS’ — Registration No 11 798 287

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 28 July 2015 in Case R 2578/2014-4.

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order OHIM to pay the costs.

Pleas in law

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

Infringement of Rule 50(2)(h) of Regulation No 2868/95.

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