Action brought on 5 September 2012 - Lifted Research and LRG Europe/OHIM - Fei Liangchen (Lr geans)

(Case T-390/12)

Language in which the application was lodged: English

Parties

Applicants: Lifted Research Group, Inc (Irvine, United States) and LRG Europe Ltd (Hertfordshire, United Kingdom) (represented by: M. Edenborough, QC)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Fei Liangchen (Zhejiang, China)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 June 2012 in case R 1199/2010-2; and

Order the defendant to pay to the applicants the applicants' costs of and occasioned by this appeal; alternatively, if the other party to the proceedings intervenes, the defendant and the intervener are jointly and severally liable to pay to the applicants the applicants' costs of and occasioned by this appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark "Lr geans", for goods and services in classes 3, 18 and 25 - Community trade mark application No 5572631

Proprietor of the mark or sign cited in the opposition proceedings: The applicants

Mark or sign cited in opposition: Community trade mark registration No 2473627 for the word mark "LIFTED RESEARCH GROUP", for goods in class 8; Community trade mark registration No 1591478 for the word mark "LIFTED RESEARCH GROUP", for goods in class 25; Community trade mark registration No 4709325 for the word mark "L R G", for goods and services in classes 3, 9, 16, 25, 28, 35, 41 and 42; Community trade mark registration No 2473601 for the word mark "L R G", for goods in class 18; Community trade mark registration No 1591452 for the word mark "L R G", for goods in class 25; Community trade mark registration No 4708897 for the figurative mark representing a tree with a cross, for goods in classes 3, 9 and 25; Community trade mark registration No 4709218 of the figurative mark "L", for goods in classes 9, 18 and 25; Community trade mark application No 4988127 of the figurative mark "L", for goods and services in classes 3, 18, 25 and 35; Non-registered signs used in the course of trade in the European Union "LIFTED RESEARCH GROUP", "LRG", "L r geans", "L", "Lrg", "Lr geans", for goods in classes 3, 18 and 25.

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:

-    Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009; and

-    Infringement of Article 8(4) of Council Regulation No 207/2009 in conjunction with Rule 19(1) of Commission Regulation No 2868/95.

____________