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Case T-316/07: Judgment of the Court of First Instance of 22 January 2009 — Commercy v OHIM — easyGroup IP Licensing (easyHotel) (Community trade mark — Invalidity proceedings — Community word mark easyHotel — Earlier national word mark EASYHOTEL — Relative ground for refusal — Lack of similarity of the goods and services — Articles 8(1)(b) and 52(1)(a) of Regulation (EC) No 40/94 — Legal aid — Application lodged by the receiver for a commercial company — Article 94(2) of the Rules of Procedure)
ECLI:EU:UNKNOWN:62007TA0316
62007TA0316
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Official Journal of the European Union
C 55/23
(Case T-316/07)(<span class="super">1</span>)
(Community trade mark - Invalidity proceedings - Community word mark easyHotel - Earlier national word mark EASYHOTEL - Relative ground for refusal - Lack of similarity of the goods and services - Articles 8(1)(b) and 52(1)(a) of Regulation (EC) No 40/94 - Legal aid - Application lodged by the receiver for a commercial company - Article 94(2) of the Rules of Procedure)
(2009/C 55/42)
Language of the case: German
Parties
Applicant: Commercy AG (Weimar, Germany) (represented by: F. Jaschke, initially, and S. Grosse and I. Müller, subsequently, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: easyGroup IP Licensing Ltd (London, United Kingdom) (represented by: T. Koerl and S. Möbus, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 19 June 2007 (Case R 1295/2006-2) concerning invalidity proceedings between Commercy AG and easyGroup IP Licensing Ltd.
Operative part of the judgment
The Court:
1.Dismisses the application for legal aid;
2.Dismisses the action;
3.Orders Commercy AG to pay the costs.
(<span class="super">1</span>) OJ C 235, 6.10.2007.