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Case T-78/12: Action brought on 17 February 2012 — GRE v OHIM — Villiger Söhne (LIBERTE brunes)
ECLI:EU:UNKNOWN:62012TN0078
62012TN0078
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14.4.2012
EN
Official Journal of the European Union
C 109/30
(Case T-78/12)
2012/C 109/61
Language in which the application was lodged: German
Parties
Applicant: GRE Grand River Enterprises Deutschland GmbH (Kloster Lehnin, Germany) (represented by: I. Memmler, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Villiger Söhne GmbH (Waldshut-Tiengen, Germany)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 December 2011 in Case No R 2109/2010-1;
—order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the figurative mark ‘LIBERTE brunes’ for goods in Classes 25, 30 and 34 (application No 6 462 171)
Proprietor of the mark or sign cited in the opposition proceedings: Villiger Söhne GmbH
Mark or sign cited in opposition: the word mark ‘LA LIBERTAD’ (Community trade mark No 1 456 664) and the figurative mark ‘La LIBERTAD’ (Community trade mark No 2 433 126) for goods in Classes 14 and 34
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue.