Judgment of the General Court (Eighth Chamber) of 18 June 2009

Data

Court: General Court

Case date: 18 juni 2009

Uitspraak

Judgment of the Court of First Instance (Eighth Chamber) of 18 June 2009 – LIBRO v OHIM – Causley (LiBRO)

(Case T-418/07)

Community trade mark – Opposition proceedings – Application for the Community figurative mark LiBRO – Earlier Community figurative mark LIBERO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Partial refusal of registration – Application for annulment brought by the intervener – Article 134(3) of the Rules of Procedure of the Court of First Instance – Signature of the pleading setting out grounds of appeal before the Board of Appeal – Admissibility of the appeal before the Board of Appeal

1. Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 49-50, 59, 70-73)

2. Community trade mark – Procedure before OHIM bodies – Transmission of communications to OHIM – Transmission by fax – Illegible signature (Commission Regulation No 2868/95, Art. 1, Rule 80(3) (see para. 30)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 September 2007 (Case R 1454/2005-4) concerning opposition proceedings between Dagmar Causley and LIBRO Handelsgesellschaft mbH.

Information relating to the case

Applicant for the Community trade mark:	LIBRO Handelsgesellschaft mbH
Community trade mark sought:	Word and figurative mark LiBRO for goods and services in classes 2, 9, 14, 16, 18, 20, 25, 28, 35, 38, 41 and 42 – Application No 2616753
Proprietor of the mark or sign cited in the opposition proceedings:	Dagmar Causley
Mark or sign cited in opposition:	Figurative mark LIBERO for goods and services in classes 9, 38 and 42 – Community trade mark No 401141
Decision of the Opposition Division:	Partial dismissal of the application
Decision of the Board of Appeal:	Partial annulment of the decision of the Opposition Division

Operative part

The Court:

Dismisses the action;

Dismisses the application of Dagmar Causley;

Orders LIBRO Handelsgesellschaft mbH to pay the costs, save for those of Dagmar Causley;

Orders Dagmar Causley to bear her own costs.