Action brought on 14 August 2013 – L’Oréal v OHIM – Cosmetica Cabinas (AINHOA)

(Case T-426/13)

Language in which the application was lodged: English

Parties

Applicant: L’Oréal SA (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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 June 2013 given in Case R 1642/2012-1;

Award the applicant the costs incurred by the present proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The word mark “AINHOA” for services and goods in Classes 3, 35 and 39 – Community trade mark registration No 2 720 811

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

Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal The applicant

Decision of the Cancellation Division: Revoked the rights of the CTM proprietor in respect of services in Classes 35 and 39 and rejected the application for revocation in respect of “cosmetic products” in Class 3

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 51(1)(a) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark¹ .

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¹ OJ L 78, p. 1