Action brought on 9 July 2012 - Lidl Stiftung v OHIM - A Colmeia do Minho (FAIRGLOBE)

(Case T-300/12)

Language in which the application was lodged: English

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter and A. Berger, lawyers)

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

Other party to the proceedings before the Board of Appeal: A Colmeia do Minho Lda (Aldeia de Paio Pires, Portugal)

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 2 April 2012 in case R 1981/2010-2 insofar as the opposition was upheld;

Order the defendant to pay the costs of the proceedings; and

Order the intervener to pay the costs of the proceedings before the Office.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "FAIRGLOBE", for goods and services in classes 18, 20, 24, 25, 29, 30, 31, 32 and 33 - Community trade mark application No 6896261

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Portuguese trade mark registration No 221497 of the figurative mark "GLOBO PORTUGAL", for goods in class 30; Portuguese trade mark registration No 221498 of the figurative mark "GLOBO PORTUGAL", for goods in class 29; Portuguese trade mark registration No 311549 of the word mark "GLOBO", for goods in class 29; Portuguese trade mark registration No 337398 of the word mark "GLOBO", for goods in classes 2, 29 and 30

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Partially upheld the appeal and partially dismissed it

Pleas in law:

Infringement of Article 15(1) in combination with Article 42(2) and (3) of Council Regulation No 207/2009 and Rule 22(3) and (4) of Commission Regulation No 2868/95;

Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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