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Case C-216/10 P: Order of the Court (Eighth Chamber) of 25 November 2010 — Lufthansa AirPlus Servicekarten GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Applus Servicios Technológicos SL (Appeal — Community trade mark — Regulation (EC) No 40/94 — Articles 8(1)(b) and (5), 73, 74 and 79 — Figurative mark A+ — Opposition by the proprietor of the Community word mark AirPlus International — Opposition rejected)
ECLI:EU:UNKNOWN:62010CB0216
62010CB0216
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19.3.2011
Official Journal of the European Union
C 89/4
(Case C-216/10 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Articles 8(1)(b) and (5), 73, 74 and 79 - Figurative mark A+ - Opposition by the proprietor of the Community word mark AirPlus International - Opposition rejected)
2011/C 89/06
Language of the case: English
Parties
Appellant: Lufthansa AirPlus Servicekarten GmbH (represented by: R. Kunze, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent), Applus Servicios Technológicos SL
Re:
Appeal against the judgment of the General Court (Sixth Chamber) of 3 March 2010 in Case T-321/07 Lufthansa AirPlus Servicekarten GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Applus Servicios Tecnológicos by which that court dismissed an action brought by the proprietor of the Community word mark ‘AirPlus International’ for goods and services in Classes 9, 35, 36 and 42 against Decision R 310/2006-2 of the Second Board of Appeal of OHIM of 7 June 2007 dismissing the appeal against the Opposition Division’s decision rejecting the opposition brought by the appellant against the application for registration of the figurative mark ‘A+’ for goods and services in Classes 9, 35, 36, 37, 40, 41 and 42
Operative part of the order
1.The appeal is dismissed.
2.Lufthansa AirPlus Servicekarten GmbH shall pay the costs.
(<span class="super">1</span>) OJ C 179, 3.7.2010.