ECLI:EU:T:2012:95•Judgment of the General Court (Fourth Chamber) of 29 February 2012.#Certmedica International GmbH and Lehning entreprise SARL v Office for Harmonisation in the Internal Market (Trade Marks and Designs).#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.#Joined Cases T‑77/10 and T‑78/10.
Judgment of the General Court (Fourth Chamber) of 29 February 2012.#Certmedica International GmbH and Lehning entreprise SARL v Office for Harmonisation in the Internal Market (Trade Marks and Designs).#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.#Joined Cases T‑77/10 and T‑78/10.
ECLI:EU:T:2012:95Eu Chamb 04 TFeb 29, 2012
Full text
Subject of the case
Operative part
Subject of the case
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
Operative part
The Court:
1. 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.
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