Action brought on 6 February 2015 — Laboratorios Ern v OHIM — Dermogen Farma (ETERN JUVENTUS)

(Case T-60/15)

(2015/C 107/46)

Language in which the application was lodged: Spanish

Parties

Applicant: Laboratorios Ern, SA (Barcelona, Spain) (represented by: T. González Martínez, lawyer)

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

Other party to the proceedings before the Board of Appeal: Dermogen Farma, SA (Madrid, Spain)

Details of the proceedings before OHIM

Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community word mark ‘ETERN JUVENTUS’ — Application for registration No 10 862 548

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 6 November 2014 in Case R 2414/2013-1

Form of order sought

The applicant claims that the Court should:

—

annul the decision of the First Board of Appeal of OHIM of 6 November 2014 in Case R 2414/2013-1 in relation to the partial granting of the trade mark application for the following services: Class 35 ‘Retailing, wholesaling and sale via global computer networks of dentifrices; sole agencies and business representation relating to dentifrices’;

—	refuse Community trade mark application No 10 862 548 ‘ETERN JUVENTUS’ for ‘Retailing, wholesaling and sale via global computer networks of dentifrices; sole agencies and business representation relating to dentifrices’ in Class 35; and

—	order OHIM, and if applicable, the other party to the proceedings before the Board of Appeal, to pay the costs.

Plea in law

—	Infringement of Article 8(1)(b) of Regulation No 207/2009.