Source: EURLEX
Language: en
Format: md

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| 13.4.2013 | EN | Official Journal of the European Union | C 108/23 |

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Judgment of the General Court of 20 February 2013 — Langguth Erben v OHIM (MEDINET)

(Case T-378/11)[(1)](#ntr1-C_2013108EN.01002301-E0001)

(Community trade mark - Application for the Community figurative mark MEDINET - Earlier national and international figurative marks MEDINET - Claim of seniority of the earlier national and international marks - Earlier marks in colour and Community trade mark applied for not designating any specific colour - Signs not identical - Article 34 of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation (EC) No 207/2009 - Expediency of oral proceedings - Article 77 of Regulation (EC) No 207/2009)

2013/C 108/60

Language of the case: German

Parties

Applicant: Franz Wilhelm Langguth Erben GmbH & Co. KG (Traben-Trarbach, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and G. Schneider, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 May 2011 (Case R 1598/2010-4) relating to a claim of seniority of earlier marks in an application for registration of the figurative sign MEDINET as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Franz Wilhelm Langguth Erben GmbH & Co. KG to pay the costs. |

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