Action brought on 21 August 2013 – Bora Creations v OHIM – Beauté Prestige International (essence)

(Case T-448/13)

Language in which the application was lodged: English

Parties

Applicant: Bora Creations, SL (Ceuta, Spain) (represented by: R. Lange, G. Hild and C.Pape, lawyers)

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

Other party to the proceedings before the Board of Appeal: Beauté Prestige International SA (Paris, France)

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 6 June 2013 given in Case R 1085/2012-5;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark “essence” for goods in Classes 3, 4, 8, 14, 16, 21, 25 and 26 – Community trade mark registration No 6 816 144

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: Absolute grounds pursuant to Article 52(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (CTMR)¹ , namely that the CTM was registered in breach of Article 7(1)(b) and (c) CTMR

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

Decision of the Board of Appeal: Allowed the appeal and declared the CTM partially invalid

Pleas in law: Infringement of Article 7(1)(b) and (c) CTMR.

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¹ OJ L 78, p. 1