(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 207/2009) – 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 pleading setting out grounds of appeal before the Board of Appeal – Admissibility of the appeal before the Board of Appeal

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.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word and figurative mark LiBRO for goods and services in classes 2, 9, 14, 16, 18, 20, 25, 28, 35, 38, 41 and 42 – Application No 2616753

Proprietor of the mark or sign cited in the opposition proceedings:

Dagmar Causley

Mark or sign cited in opposition:

Figurative mark LIBERO for goods and services in classes 9, 38 and 42 – Community trade mark No 401141

Decision of the Opposition Division:

Partial dismissal of the application

Decision of the Board of Appeal:

Partial annulment of the decision of the Opposition Division

Operative part

The Court:

1.Dismisses the action;

2.Dismisses the application of Dagmar Causley;

3.Orders LIBRO Handelsgesellschaft mbH to pay the costs, save for those of Dagmar Causley;

4.Orders Dagmar Causley to bear her own costs.