Action brought on 12 August 2015 – L’Oréal v OHIm – LR Health & Beauty Systems (LR)

(Case T-475/15)

Language in which the application was lodged: English

Parties

Applicant: L’Oréal (Paris, France) (represented by: R. Dissmann, lawyer)

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

Other party to the proceedings before the Board of Appeal: LR Health & Beauty Systems GmbH (Ahlen, Germany)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘LR’ –Community trade mark No 11 047 578

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of OHIM of 21 May 2015 in Case R 1143/2014-1

Form of order sought

The applicant claims that the Court should:

partly annul the contested decision as far as the Board of Appeal rejects under point 2 the Plaintiff’s request for proof of use of the Intervener’s earlier trademarks as belated;

order OHIM to pay the costs of the proceedings before the court as well as the appeal proceedings before the Board of Appeal.

Plea in law

Infringement of Article 57(2), (3) of Regulation No 207/2009 in connection with Rule 40 of Regulation No 2868/95.

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