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Joined Cases T-77/10 and T-78/10: Judgment of the General Court of 29 February 2012 — Certmedica International GmbH v OHIM — Lehning entreprise (L112) and Lehning entreprise v OHIM — Certmedica International (L112) (Community trade mark — Invalidity proceedings — Community word mark L112 — Earlier French word mark L.114 — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — No genuine use of the earlier mark — Article 57(2) and (3) of Regulation No 207/2009 — Declaration of partial invalidity)
ECLI:EU:UNKNOWN:62010TA0077
62010TA0077
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Official Journal of the European Union
C 109/10
(Joined Cases T-77/10 and T-78/10) (<span class="super">1</span>)
(Community trade mark - Invalidity proceedings - Community word mark L112 - Earlier French word mark L.114 - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - No genuine use of the earlier mark - Article 57(2) and (3) of Regulation No 207/2009 - Declaration of partial invalidity)
2012/C 109/21
Language of the case: English
Parties
Applicants: Certmedica International GmbH (Aschaffenburg, Germany) (represented by: P. Pfortner, lawyer) (Case T-77/10); and Lehning entreprise (Sainte-Barbe, France) (represented by P. Demoly, lawyer) (Case T-78/10)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other parties to the proceedings before the Board of Appeal of OHIM, interveners before the General Court: Lehning entreprise (Case T-77/10) and Certmedica International GmbH (Case T-78/10)
Re:
Action for annulment of the decision of the Second Board of Appeal of OHIM of 9 December 2009 (Case R 934/2009-2) relating to invalidity proceedings between Lehning entreprise and Certmedica International GmbH
Operative part of the judgment
The General Court:
1.In Case T-77/10:
—annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 December 2009 (Case R 934/2009-2) in so far as it declares the registration of the mark L112 to be invalid in respect of ‘veterinary preparations’;
—dismisses the action as to the remainder;
—orders Certmedica International GmbH and OHIM to bear their own costs;
—orders Lehning entreprise to pay the costs incurred in connection with its intervention.
2.In Case T-78/10:
—dismisses the action;
—orders Lehning entreprise to bear its own costs and to pay those incurred by OHIM;
—orders Certmedica International to pay the costs incurred in connection with its intervention.
Language of the case: English.
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(<span class="super">1</span>) OJ C 113, 1.5.2010.