Action brought on 5 August 2013 – L’Oréal v OHIM – Cosmetica Cabinas (AINHOA)

(Case T-400/13)

Language in which the application was lodged: English

Parties

Applicant: L’Oréal (Paris, France) (represented by: M. Granado Carpenter and M. Polo Carreño, lawyers)

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

Other party to the proceedings before the Board of Appeal: Cosmetica Cabinas, SL (El Masnou, Spain)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the First Board of Appeal of 6 June 2013 given in Case R 1643/2012-1;

Award the applicant the cost of proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘AINHOA’ – Community trade mark registration No 2 720 811

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: The cancellation applicant relied on Article 8(1)(b) and 8(5) in conjunction with Article 53(1)(a) of Council Regulation (EC) No 207/2009.

Decision of the Cancellation Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) and/or 8(5), in conjunction with Article 53(1)(a) of Council Regulation (EC) No 207/2009.