CELEX: 62010TJ0077
Community trade mark
Invalidity proceedings
Community word mark L112
Earlier French word mark L.114
Relative ground for refusal
Likelihood of confusion
Similarity of the goods
Similarity of the signs
Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
No genuine use of the earlier mark
Article 57(2) and (3) of Regulation No 207/2009
Declaration of partial invalidity

ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 9 December 2009 (Case R 934/2009‑2) relating
to invalidity proceedings between Lehning entreprise and Certmedica International GmbH.
Operative part
The Court:
1.
In Case T‑77/10:
–        annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 9 December 2009 (Case R 934/2009‑2) in so far as it declares the registration of the mark L112 to be invalid
in respect of ‘veterinary preparations’;
–        dismisses the action as to the remainder;
–        orders Certmedica International GmbH and OHIM to bear their own costs;
–        orders Lehning entreprise to pay the costs incurred in connection with its intervention.
2.
In Case T‑78/10:
–        dismisses the action;
–        orders Lehning entreprise to bear its own costs and to pay those incurred by OHIM;
–        orders Certmedica International to pay the costs incurred in connection with its intervention.