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Case T-418/07: Judgment of the Court of First Instance of 18 June 2009 — LIBRO Handelsgesellschaft mbH v OHIM — Dagmar Causley (LiBRO) (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)
ECLI:EU:UNKNOWN:62007TA0418
62007TA0418
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Official Journal of the European Union
C 180/46
(Case T-418/07)
(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:
1.Dismisses the action;
2.Dismisses the application of Dagmar Causley;
3.Orders LIBRO Handelsgesellschaft mbH to pay the costs, with the exception of those of Dagmar Causley;
4.Orders Dagmar Causley to bear her own costs.
(<span class="super">1</span>) OJ C 8, 12.01.2008.