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Case T-300/12: Judgment of the General Court of 8 October 2014 — Lidl Stiftung v OHIM — A Colmeia do Minho (FAIRGLOBE) (Community trade mark — Opposition proceedings — Application for Community figurative mark FAIRGLOBE — Earlier national word marks GLOBO — Relative ground for refusal — No proof of genuine use of the earlier marks — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Rule 22(3) and (4) of Regulation (EC) No 2868/95)
ECLI:EU:UNKNOWN:62012TA0300
62012TA0300
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17.11.2014
Official Journal of the European Union
C 409/34
(Case T-300/12)(1)
((Community trade mark - Opposition proceedings - Application for Community figurative mark FAIRGLOBE - Earlier national word marks GLOBO - Relative ground for refusal - No proof of genuine use of the earlier marks - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Rule 22(3) and (4) of Regulation (EC) No 2868/95))
2014/C 409/48
Language of the case: 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) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: A Colmeia do Minho Lda (Aldeia de Paio Pires, Portugal)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 2 April 2012 (Case R 1981/2010-2) concerning opposition proceedings between A Colmeia do Minho Lda and Lidl Stiftung & Co. KG.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 2 April 2012 (Case R 1981/2010-2), concerning opposition proceedings between A Colmeia do Minho Lda and Lidl Stiftung & Co. KG, in that it found that genuine use of the earlier marks had been demonstrated to the requisite legal standard;
2.Orders OHIM to bear its own costs and to pay those incurred by Lidl Stiftung & Co.
(1) OJ C 273, 8.9.2012.