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Case C-593/12 P: Appeal brought on 18 December 2012 by Lancôme parfums et beauté & Cie against the judgment of the General Court (Eighth Chamber) delivered on 5 October 2012 in Case T-204/10: Lancôme parfums et beauté & Cie v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
ECLI:EU:UNKNOWN:62012CN0593
62012CN0593
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23.2.2013
Official Journal of the European Union
C 55/7
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(Case C-593/12 P)
2013/C 55/10
Language of the case: English
Parties
Appellant: Lancôme parfums et beauté & Cie (represented by: A. von Mühlendahl, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs); Focus Magazin Verlag GmbH
Form of order sought
The appellant claims that the Court should:
—Annul the Judgment of the General Court of 5 October 2012 in Case T-204/10;
—Order the Office to bear the costs of the proceedings before the Court of Justice and before the General Court, as well as the costs of the proceedings before the Office’s Board of Appeal.
Pleas in law and main arguments
The appellant submits that the contested judgment should be set aside on the following grounds:
First, the Appellant claims that the General Court violated Article 53(1) CTMR in conjunction with Article 8(1)(b) CTMR in deciding that the Office was justified in finding that COLOR FOCUS must be declared invalid because of likelihood of confusion.
Second, the Appellant claims that the General Court committed reversible legal error in dismissing the Appellant’s claim that the assertion of rights based on the mark FOCUS amounts to an ‘abuse of rights’.
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Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
OJ L 78, p. 1
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