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Case T-30/13: Action brought on 22 January 2013 — GRE v OHIM — Villiger Söhne (LIBERTE american blend)
ECLI:EU:UNKNOWN:62013TN0030
62013TN0030
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16.3.2013
Official Journal of the European Union
C 79/27
(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