62010TJ0077_EN
Subject of the case
Operative part
Subject of the case
Re:
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
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.