12.1.2008

Official Journal of the European Union

C 8/27

Action brought on 19 November 2007 — LIBRO v OHIM — Causley (LiBRO)

(Case T-418/07)

(2008/C 8/48)

Language in which the application was lodged: German

Parties

Applicant: LIBRO Handelsgesellschaft mbH (Guntramsdorf, Austria) (represented by: G. Prantl, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Dagmar Causley (Pleidesheim, Germany)

Form of order sought

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 3 September 2007 (Case 1454/2005-4) and alter it so as to allow the applicant's appeal lodged with the Office for Harmonisation in the Internal Market and as a consequence to reject the objection in its entirety;

—	Order the Office for Harmonisation in the Internal Market and any interveners jointly to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: LIBRO Handelsgesellschaft mbH

Community trade mark concerned: the 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 2 616 753).

Proprietor of the mark or sign cited in the opposition proceedings: Dagmar Causley.

Mark or sign cited in opposition: The figurative mark ‘LIBERO’ for goods and services in classes 9, 38 and 42 (Community trade mark No 401 141).

Decision of the Opposition Division: partial rejection of the application.

Decision of the Board of Appeal: partial annulment of the decision of the Opposition Division.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1) as there is no likelihood of confusion of the opposing trade marks.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).