Action brought on 11 July 2014 — Laboratoire Nuxe v OHIM — NYX, Los Angeles (NYX)

(Case T -537/14)

Language in which the application was lodged: French

Parties

Applicant: Laboratoire Nuxe (Paris, France) (represented by: M. Antoine-Lalance, lawyer)

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

Other party to the proceedings before the Board of Appeal: NYX, Los Angeles Inc. (California, United States)

Form of order sought

Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 8 April 2014 in Case R 1575/2013-5;

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: NYX, Los Angeles Inc.

Community trade mark concerned: International registration designating the European Union of the figurative mark including the word element ‘NYX’ for goods in Class 3 — international registration designating the European Union No 11 052 316

Proprietor of the mark or sign cited in the opposition proceedings: Applicant

Mark or sign cited in opposition: Word mark ‘NUXE for goods and services in Classes 3 and 44

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Decision of the Opposition Division annulled and the opposition rejected

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009