Source: EURLEX
Language: en
Format: md

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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

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)

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

Form of order sought

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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; |

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

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

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

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

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

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

Decision of the Opposition Division: Partially upheld the opposition

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

Pleas in law:

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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; |

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

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