CELEX: 62012TN0300
Language: en
Date: 2012-07-09 00:00:00
Title: Case T-300/12: Action brought on 9 July 2012 — Lidl Stiftung v OHIM — A Colmeia do Minho (FAIRGLOBE)

8.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 273/16
            
         Action brought on 9 July 2012 — Lidl Stiftung v OHIM — A Colmeia do Minho (FAIRGLOBE)
   (Case T-300/12)
   2012/C 273/28
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter and A. Berger, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: A Colmeia do Minho Lda (Aldeia de Paio Pires, Portugal)
   
      Form of order sought
   
   
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               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 April 2012 in case R 1981/2010-2 insofar as the opposition was upheld;
            
         
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               Order the defendant to pay the costs of the proceedings; and
            
         
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               Order the intervener to pay the costs of the proceedings before the Office.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘FAIRGLOBE’, for goods and services in classes 18, 20, 24, 25, 29, 30, 31, 32 and 33 — Community trade mark application No 6896261
   
      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: Portuguese trade mark registration No 221497 of the figurative mark ‘GLOBO PORTUGAL’, for goods in class 30; Portuguese trade mark registration No 221498 of the figurative mark ‘GLOBO PORTUGAL’, for goods in class 29; Portuguese trade mark registration No 311549 of the word mark ‘GLOBO’, for goods in class 29; Portuguese trade mark registration No 337398 of the word mark ‘GLOBO’, for goods in classes 2, 29 and 30
   
      Decision of the Opposition Division: Partially upheld the opposition
   
      Decision of the Board of Appeal: Partially upheld the appeal and partially dismissed it
   
      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 8(1)(b) of Council Regulation No 207/2009.