# C_2012273EN.01001602.xml

| 8.9.2012 | EN | Official Journal of the European Union | C 273/16 |
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8.9.2012

EN

Official Journal of the European Union

C 273/16

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Action brought on 9 July 2012 — Lidl Stiftung v OHIM — A Colmeia do Minho (FAIRGLOBE)

(Case T-300/12)

2012/C 273/28

Language in which the application was lodged: English

Parties

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter and A. Berger, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: A Colmeia do Minho Lda (Aldeia de Paio Pires, Portugal)

Other party to the proceedings before the Board of Appeal:

da

Form of order sought

Form of order sought

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 April 2012 in case R 1981/2010-2 insofar as the opposition was upheld; |
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 April 2012 in case R 1981/2010-2 insofar as the opposition was upheld;

| — | Order the defendant to pay the costs of the proceedings; and |
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Order the defendant to pay the costs of the proceedings; and

| — | Order the intervener to pay the costs of the proceedings before the Office. |
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Order the intervener to pay the costs of the proceedings before the Office.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Applicant for a Community trade mark:

Community trade mark concerned: The figurative mark ‘FAIRGLOBE’, for goods and services in classes 18, 20, 24, 25, 29, 30, 31, 32 and 33 — Community trade mark application No 6896261

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

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

Mark or sign cited in opposition: Portuguese trade mark registration No 221497 of the figurative mark ‘GLOBO PORTUGAL’, for goods in class 30; Portuguese trade mark registration No 221498 of the figurative mark ‘GLOBO PORTUGAL’, for goods in class 29; Portuguese trade mark registration No 311549 of the word mark ‘GLOBO’, for goods in class 29; Portuguese trade mark registration No 337398 of the word mark ‘GLOBO’, for goods in classes 2, 29 and 30

Mark or sign cited in opposition:

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Partially upheld the appeal and partially dismissed it

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 15(1) in combination with Article 42(2) and (3) of Council Regulation No 207/2009 and Rule 22(3) and (4) of Commission Regulation No 2868/95; |
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Infringement of Article 15(1) in combination with Article 42(2) and (3) of Council Regulation No 207/2009 and Rule 22(3) and (4) of Commission Regulation No 2868/95;

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

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