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Case T-537/14: Action brought on 11 July 2014 — Laboratoire Nuxe v OHIM — NYX, Los Angeles (NYX)
ECLI:EU:UNKNOWN:62014TN0537
62014TN0537
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Valentina R., lawyer
22.9.2014
EN
Official Journal of the European Union
C 329/22
(Case T-537/14)
2014/C 329/30
Language in which the application was lodged: French
Parties
Applicant: Laboratoire Nuxe (Paris, France) (represented by: M. Antoine-Lalance, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: NYX, Los Angeles Inc. (California, United States)
Form of order sought
—Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 8 April 2014 in Case R 1575/2013-5;
—Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: NYX, Los Angeles Inc.
Community trade mark concerned: International registration designating the European Union of the figurative mark including the word element ‘NYX’ for goods in Class 3 — international registration designating the European Union No 1 1 0 52 316
Proprietor of the mark or sign cited in the opposition proceedings: Applicant
Mark or sign cited in opposition: Word mark ‘NUXE’ for goods and services in Classes 3 and 44
Decision of the Opposition Division: Opposition upheld
Decision of the Board of Appeal: Decision of the Opposition Division annulled and the opposition rejected
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009