Judgment of the General Court of 4 February 2014 – Free v OHIM – Noble Gaming (FREEVOLUTION TM)
(Case T-127/12) 1
(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)
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.
____________1 OJ C 165, 9.6.2012.