Source: EURLEX
Language: en
Format: md

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| 30.6.2012 | EN | Official Journal of the European Union | C 194/22 |

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Action brought on 11 April 2012 — Free v OHIM — Conradi + Kaiser (FreeLounge)

(Case T-161/12)

2012/C 194/37

Language in which the application was lodged: French

Parties

Applicant: Free (Paris, France) (represented by: Y. Coursin, lawyer)

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

Other party to the proceedings before the Board of Appeal: Conradi + Kaiser GmbH (Kleinmaischeid, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | annul in part the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 January 2012 in Case R 437/2011-2; |

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| — | rule that the application for registration of the disputed mark should be rejected in its entirety on the basis of Article 8(1)(b) of Regulation No 207/2009; and |

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| — | order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, both before the Court and before OHIM. |

Pleas in law and main arguments

Applicant for a Community trade mark: the other party to the proceedings before the Board of Appeal

Community trade mark concerned: the word mark ‘FreeLounge’ for goods and services in Classes 16, 35 and 41 — application for registration No 8442832

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

Mark or sign cited in opposition: the French figurative mark No 99785839 ‘free LA LIBERTÉ N’A PAS DE PRIX’ for goods and services in Classes 9 and 38; the French word mark No 1734391 ‘FREE’ for services in Class 38; the company name ‘FREE’ used in the course of trade in France; the domain name ‘FREE.FR’ used in the course of trade

Decision of the Opposition Division: rejection of the application for the Community trade mark

Decision of the Board of Appeal: Partial annulment of the contested decision

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009

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