Source: EURLEX
Language: en
Format: md

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| 28.7.2012 | EN | Official Journal of the European Union | C 227/25 |

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Action brought on 29 May 2012 — Lidl Stiftung v OHIM — LĺDL MUSIC (LIDL express)

(Case T-225/12)

2012/C 227/43

Language in which the application was lodged: English

Parties

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

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

Other party to the proceedings before the Board of Appeal: LĺDL MUSIC, spol. s r.o. (Brno, Czech Republic)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 21 March 2012 (R 2379/2010-1); |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘LIDL express’ for goods in class 15 — Community trade mark application No 6 857 536

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: National figurative mark and community word mark ‘LÍDL MUSIC’ for goods in class 15

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

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 15(1)(a) in combination with Article 42(2) and (3) 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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