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Judgment of the General Court (Seventh Chamber) of 27 October 2010. # Michalakopoulou Ktimatiki Touristiki AE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark FREE - Earlier national word mark FREE and earlier national figurative mark free LA LIBERTÉ N'A PAS DE PRIX - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-365/09.
ECLI:EU:T:2010:455
62009TJ0365
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(Case T-365/09)
Community trade mark – Opposition proceedings – Application for the Community word mark FREE – Earlier national word mark FREE and earlier national figurative mark free LA LIBERTÉ N’A PAS DE PRIX – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 1346/2008‑1) relating to opposition proceedings between Free SAS and Eidikes Ekdoseis AE.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark FREE for goods in Class 16 – Application No 3426442
Proprietor of the mark or sign cited in the opposition proceedings:
Free SAS
Mark or sign cited in opposition:
French trade mark registration of the word mark FREE for services in Class 38; French trade mark registration of the figurative mark free ‑ LA LIBERTÉ N’A PAS DE PRIX for services in Classes 35 and 38
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Decision of the Opposition Division annulled; Community trade mark application dismissed in its entirety
Operative part
The Court:
1.Dismisses the action;
2.Orders Michalakopoulou Ktimatiki Touristiki AE to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Free SAS in the proceedings before the Court.