19.10.2013

Official Journal of the European Union

C 304/22

(Case T-448/13)

2013/C 304/38

Language in which the application was lodged: English

Parties

Applicant: Bora Creations, SL (Ceuta, Spain) (represented by: R. Lange, G. Hild and C.Pape, lawyers)

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

Other party to the proceedings before the Board of Appeal: Beauté Prestige International SA (Paris, France)

Form of order sought

The applicant claims that the Court should:

—Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 June 2013 given in Case R 1085/2012-5;

—Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘essence’ for goods in Classes 3, 4, 8, 14, 16, 21, 25 and 26 — Community trade mark registration No 6 816 144

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: Absolute grounds pursuant to Article 52(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (CTMR)(1), namely that the CTM was registered in breach of Article 7(1)(b) and (c) CTMR

Decision of the Cancellation Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Allowed the appeal and declared the CTM partially invalid

Pleas in law: Infringement of Article 7(1)(b) and (c) CTMR.

(1) OJ L 78, p. 1