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Case T-127/12: Judgment of the General Court of 4 February 2014 — Free v OHIM — Noble Gaming (FREEVOLUTION TM) (Community trade mark — Opposition proceedings — Application for the Community figurative mark FREEVOLUTION TM — Earlier national figurative mark free LA LIBERTÉ N’A PAS DE PRIX and earlier national word marks FREE and FREE MOBILE — Relative grounds for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0127
62012TA0127
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15.3.2014
Official Journal of the European Union
C 78/8
(Case T-127/12)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark FREEVOLUTION TM - Earlier national figurative mark free LA LIBERTÉ N’A PAS DE PRIX and earlier national word marks FREE and FREE MOBILE - Relative grounds for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
2014/C 78/16
Language of the case: French
Parties
Applicant: Free SAS (Paris, France) (represented by: Y. Coursin, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Meglar, agent)
Other party to the proceedings before the Board of Appeal of OHIM: Noble Gaming Ltd (Prague, Czech Republic)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 13 December 2011 (Case R 2326/2010-2) relating to opposition proceedings between Free SAS and Noble Gaming Ltd.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Free SAS to bear its own costs.
(<span class="super">1</span>) OJ C 165, 9.6.2012.