CELEX: 62007TN0418
Language: en
Date: 2007-11-19 00:00:00
Title: Case T-418/07: Action brought on 19 November 2007 — LIBRO v OHIM — Causley (LiBRO)

12.1.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 8/27
            
         Action brought on 19 November 2007 — LIBRO v OHIM — Causley (LiBRO)
   (Case T-418/07)
   (2008/C 8/48)
   Language in which the application was lodged: German
   Parties
   
      Applicant: LIBRO Handelsgesellschaft mbH (Guntramsdorf, Austria) (represented by: G. Prantl, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Dagmar Causley (Pleidesheim, Germany)
   Form of order sought
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 3 September 2007 (Case 1454/2005-4) and alter it so as to allow the applicant's appeal lodged with the Office for Harmonisation in the Internal Market and as a consequence to reject the objection in its entirety;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market and any interveners jointly to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: LIBRO Handelsgesellschaft mbH
   
      Community trade mark concerned: the word and figurative mark ‘LiBRO’ for goods and services in classes 2, 9, 14, 16, 18, 20, 25, 28, 35, 38, 41 and 42 (Application No 2 616 753).
   
      Proprietor of the mark or sign cited in the opposition proceedings: Dagmar Causley.
   
      Mark or sign cited in opposition: The figurative mark ‘LIBERO’ for goods and services in classes 9, 38 and 42 (Community trade mark No 401 141).
   
      Decision of the Opposition Division: partial rejection of the application.
   
      Decision of the Board of Appeal: partial annulment of the decision of the Opposition Division.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1) as there is no likelihood of confusion of the opposing trade marks.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).