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Case T-321/07: Judgment of the General Court of 3 March 2010 — Lufthansa AirPlus Servicekarten v OHIM — Applus Servicios Tecnológicos (A+) (Community trade mark — Opposition proceedings — Application for Community figurative mark A+ — Earlier Community word mark AirPlus International — Relative grounds for refusal — No likelihood of confusion — Lack of similarity between the signs — Duty to state reasons — Rights of the defence — Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62007TA0321
62007TA0321
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17.4.2010
Official Journal of the European Union
C 100/38
(Case T-321/07) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community figurative mark A+ - Earlier Community word mark AirPlus International - Relative grounds for refusal - No likelihood of confusion - Lack of similarity between the signs - Duty to state reasons - Rights of the defence - Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 of Regulation (EC) No 207/2009))
2010/C 100/58
Language of the case: English
Parties
Applicant: Lufthansa AirPlus Servicekarten GmbH (Neu-Isenburg, Germany) (represented by G. Würtenberger, R. Kunze and T. Wittman, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Applus Servicios Tecnológicos, SL (Barcelona, Spain) (represented by E. Torner Lasalle, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 7 June 2007 (Case R 310/2006-2), relating to opposition proceedings between Lufthansa AirPlus Servicekarten GmbH and Applus Servicios Tecnológicos, SL.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Lufthansa AirPlus Servicekarten GmbH to pay the costs.
(<span class="super">1</span>) OJ C 269, 10.11.2007.