Judgment of the Court of First Instance of 22 January 2009 — Commercy v OHIM — easyGroup IP Licensing (easyHotel)

(Case T-316/07) (1)

(Community trade mark - Invalidity proceedings - Community word mark easyHotel - Earlier national word mark EASYHOTEL - Relative ground for refusal - Lack of similarity of the goods and services - Articles 8(1)(b) and 52(1)(a) of Regulation (EC) No 40/94 - Legal aid - Application lodged by the receiver for a commercial company - Article 94(2) of the Rules of Procedure)

(2009/C 55/42)

Language of the case: German

Parties

Applicant: Commercy AG (Weimar, Germany) (represented by: F. Jaschke, initially, and S. Grosse and I. Müller, subsequently, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: easyGroup IP Licensing Ltd (London, United Kingdom) (represented by: T. Koerl and S. Möbus, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 June 2007 (Case R 1295/2006-2) concerning invalidity proceedings between Commercy AG and easyGroup IP Licensing Ltd.

Operative part of the judgment

The Court:

(1)  OJ C 235, 6.10.2007.