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1.8.2009 |
EN |
Official Journal of the European Union |
C 180/46 |
Judgment of the Court of First Instance of 18 June 2009 — LIBRO Handelsgesellschaft mbH v OHIM — Dagmar Causley (LiBRO)
(Case T-418/07) (1)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark LiBRO - Earlier Community figurative mark LIBERO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/09) - Partial refusal of registration - Application for annulment brought by the intervener - Article 134(3) of the Rules of Procedure of the Court of First Instance - Signature of the response setting out grounds of appeal before the Board of Appeal - Admissibility of the appeal before the Board of Appeal)
2009/C 180/84
Language of the case: 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) (represented by: G. Schneider, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Dagmar Causley (Pleidelsheim, Germany) (represented by: W. Günther, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 September 2007 (Case R 1454/2005-4) concerning opposition proceedings between Dagmar Causley and LIBRO Handelsgesellschaft mbH.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Dismisses the application of Dagmar Causley; |
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3. |
Orders LIBRO Handelsgesellschaft mbH to pay the costs, with the exception of those of Dagmar Causley; |
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4. |
Orders Dagmar Causley to bear her own costs. |