CELEX: 62013TN0030
Language: en
Date: 2013-01-22 00:00:00
Title: Case T-30/13: Action brought on 22 January 2013 — GRE v OHIM — Villiger Söhne (LIBERTE american blend)

16.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 79/27
            
         Action brought on 22 January 2013 — GRE v OHIM — Villiger Söhne (LIBERTE american blend)
   (Case T-30/13)
   2013/C 79/47
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: GRE Grand River Enterprises Deutschland GmbH (Kloster Lehnin, Germany) (represented by: I. Memmler and S. Schulz, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Villiger Söhne GmbH (Waldshut-Tiengen, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 November 2012 in Case R 731/2012-1;
            
         
               —
            
            
               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 including the word elements ‘LIBERTE american blend’ for goods in Class 34 — Community trade mark application No 7 481 252
   
      Proprietor of the mark or sign cited in the opposition proceedings: Villiger Söhne GmbH
   
      Mark or sign cited in opposition: The word mark ‘La LIBERTAD’ and the figurative mark including the word elements ‘La LIBERTAD’ for goods in Classes 14 and 34
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was rejected
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009