CELEX: 62009TJ0365
Community trade mark
Opposition proceedings
Application for the Community word mark FREE
Earlier national word mark FREE and earlier national figurative mark free LA LIBERTÉ N'A PAS DE PRIX
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 1346/2008‑1) relating to
opposition proceedings between Free SAS and Eidikes Ekdoseis AE.
Information relating to the case
Applicant for the Community trade mark:
Michalakopoulou Ktimatiki Touristiki AE
Community trade mark sought:
Word mark FREE for goods in Class 16 – Application No 3426442
Proprietor of the mark or sign cited in the opposition proceedings:
Free SAS
Mark or sign cited in opposition:
French trade mark registration of the word mark FREE for services in Class 38; French trade mark registration of the figurative
mark free ‑ LA LIBERTÉ N’A PAS DE PRIX for services in Classes 35 and 38
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Decision of the Opposition Division annulled; Community trade mark application dismissed in its entirety
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Michalakopoulou Ktimatiki Touristiki AE to bear its own costs and to pay those incurred by the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM) and Free SAS in the proceedings before the Court.