Action brought on 29 May 2012 - Lidl Stiftung v OHIM - LĺDL MUSIC (LIDL)

(Case T-226/12)

Language in which the application was lodged: English

Parties

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

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

Other party to the proceedings before the Board of Appeal: LĺDL MUSIC, spol. s r.o. (Brno, Czech Republic)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 21 March 2012 (R 2380/2010-1);

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "LIDL" for goods in class 15 - Community trade mark application No 6 861 025

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: National figurative mark and community word mark "LÍDL MUSIC" for goods in class 15

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

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 15(1)(a) in combination with Article 42(2) and (3) of Council Regulation No 207/2009;

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

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