Judgment of the General Court of 29 February 2012 - Certmedica International GmbH v OHIM - Lehning entreprise (L112) andLehning entreprise v OHIM - Certmedica International (L112)
(Joined Cases T-77/10 and T-78/10)
(Community trade mark - Invalidity proceedings - Community word mark L112 - Earlier French word mark L.114 - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - No genuine use of the earlier mark - Article 57(2) and (3) of Regulation No 207/2009 - Declaration of partial invalidity)
Language of the case: English
Parties
Applicants: Certmedica International GmbH (Aschaffenburg, Germany) (represented by: P. Pfortner, lawyer) (Case T-77/10); and Lehning entreprise (Sainte-Barbe, France) (represented by P. Demoly, lawyer) (Case T-78/10)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other parties to the proceedings before the Board of Appeal of OHIM, interveners before the General Court: Lehning entreprise (Case T-77/10) and Certmedica International GmbH (Case T-78/10)
Re:
Action for annulment of the decision of the Second Board of Appeal of OHIM of 9 December 2009 (Case R 934/2009-2) relating to invalidity proceedings between Lehning entreprise and Certmedica International GmbH
Operative part of the judgment
The General Court:
In Case T 77/10:
- annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 December 2009 (Case R 934/2009-2) in so far as it declares the registration of the mark L112 to be invalid in respect of 'veterinary preparations';
- dismisses the action as to the remainder;
- orders Certmedica International GmbH and OHIM to bear their own costs;
- orders Lehning entreprise to pay the costs incurred in connection with its intervention.
2. In Case T 78/10:
- dismisses the action;
- orders Lehning entreprise to bear its own costs and to pay those incurred by OHIM;
- orders Certmedica International to pay the costs incurred in connection with its intervention.
____________1 - OJ C 113, 1.5.2010.