Action brought on 11 April 2012 - Free v OHIM - Conradi + Kaiser (FreeLounge)
(Case T-161/12)
Language in which the application was lodged: French
Parties
Applicant: Free (Paris, France) (represented by: Y. Coursin, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Conradi + Kaiser GmbH (Kleinmaischeid, Germany)
Form of order sought
The applicant claims that the Court should:
annul in part the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 January 2012 in Case R 437/2011-2;
rule that the application for registration of the disputed mark should be rejected in its entirety on the basis of Article 8(1)(b) of Regulation No 207/2009; and
order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, both before the Court and before OHIM.
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 word mark 'FreeLounge' for goods and services in Classes 16, 35 and 41 - application for registration No 8442832
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the French figurative mark No 99785839 'free LA LIBERTÉ N'A PAS DE PRIX' for goods and services in Classes 9 and 38; the French word mark No 1734391 'FREE' for services in Class 38; the company name 'FREE' used in the course of trade in France; the domain name 'FREE.FR' used in the course of trade
Decision of the Opposition Division: rejection of the application for the Community trade mark
Decision of the Board of Appeal: Partial annulment of the contested decision
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
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