28.7.2012
EN
Official Journal of the European Union
C 227/25
Action brought on 29 May 2012 — Lidl Stiftung v OHIM — LĺDL MUSIC (LIDL express)
(Case T-225/12)
2012/C 227/43
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
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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 2379/2010-1);
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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 express’ for goods in class 15 — Community trade mark application No 6 857 536
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:
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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;
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Infringement of Article 15(1)(a) in combination with Article 42(2) and (3) of Council Regulation No 207/2009;
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Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
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