Action brought on 10 July 2013 – Harper Hygienics v OHIM – Clinique Laboratories (CLEANIC intimate)
(Case T-363/13)
Language in which the application was lodged: Polish
Parties
Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: R. Rumpel, legal adviser)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Clinique Laboratories LLC (New York, United States of America)
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 29 April 2013 (Case R 606/2012-5) in so far as it refuses registration of ‘CLEANIC intimate’ as a Community trade mark for all goods in Classes 3 and 16 and for certain goods in Class 5;
amend the contested decision by registering the trade mark for all goods and services applied for;
order OHIM to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: figurative trade mark containing the word elements ‘CLEANIC intimate’ for goods in Classes 3, 5 and 16 – Application No 009217531 for a Community trade mark
Proprietor of the mark or sign cited in the opposition proceedings: Clinique Laboratories LLC
Mark or sign cited in opposition: Community trade marks No 54 429 for goods in Classes 3, 14, 25 and 42 and No 2 294 429 for goods in Classes 35 and 42
Decision of the Opposition Division: opposition upheld in part
Decision of the Board of Appeal: appeal dismissed
Pleas in law: Breach of Article 8(1)(b) of Regulation No 207/2009 1 as regards establishment of the similarity of the trade marks and of the likelihood of confusion on the part of consumers, and breach of Article 8(5) of that regulation
________________________1 Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).