Judgment of the General Court of 27 October 2010 - Michalakopoulou Ktimatiki Touristiki v OHIM - Free (FREE)
(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)
Language of the case: English
Parties
Applicant: Michalakopoulou Ktimatiki Touristiki AE (Athens, Greece) (represented by: K. Papadiamantis and A. Koliothomas, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Free SAS (Paris, France) (represented by: Y. Coursin, lawyer)
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
Operative part of the judgment
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.
____________1 - OJ C 267, 7.11.2009.