Source: EURLEX
Language: en
Format: md

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| 17.11.2014 | EN | Official Journal of the European Union | C 409/34 |

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Judgment of the General Court of 8 October 2014 — Lidl Stiftung v OHIM — A Colmeia do Minho (FAIRGLOBE)

(Case T-300/12)[(1)](#ntr1-C_2014409EN.01003401-E0001)

((Community trade mark - Opposition proceedings - Application for Community figurative mark FAIRGLOBE - Earlier national word marks GLOBO - Relative ground for refusal - No proof of genuine use of the earlier marks - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Rule 22(3) and (4) of Regulation (EC) No 2868/95))

2014/C 409/48

Language of the case: English

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 2 April 2012 (Case R 1981/2010-2) concerning opposition proceedings between A Colmeia do Minho Ld
a and Lidl Stiftung & Co. KG.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 2 April 2012 (Case R 1981/2010-2), concerning opposition proceedings between A Colmeia do Minho Ld a and Lidl Stiftung & Co. KG, in that it found that genuine use of the earlier marks had been demonstrated to the requisite legal standard; |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by Lidl Stiftung & Co. |

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