9.2.2015

Official Journal of the European Union

C 46/58

(Case T-802/14)

(2015/C 046/75)

Language in which the application was lodged: English

Parties

Applicant: Laboratorios ERN, SA (Barcelona, Spain) (represented by: S. Correa, lawyer)

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

Other party to the proceedings before the Board of Appeal: michelle menard GmbH — Berlin cosmetics (Berlin, Germany)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community word mark ‘Lenah.C’ — Application for registration No 10 426 617

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 24 September 2014 in Case R 2260/2013-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order OHIM and, if applicable, the other party to the proceedings before the Board of Appeal to pay the costs (jointly and severally).

Plea in law

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