Order of the Court (Eighth Chamber) of 25 November 2010 – Lufthansa AirPlus Servicekarten v OHIM
(Case C‑216/10 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 – Articles 8(1)(b) and (5), 73, 74 and 79 – Figurative mark A+ – Opposition by the proprietor of the Community word mark AirPlus International – Opposition rejected
Community trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 73, Regulation No 40/94 – Purport the same as that of Article 253 EC (Art. 253 EC; Council Regulation No 40/94, Art. 73, first sentence) (see paras 39-40)
Re:
| Appeal against the judgment of the General Court (Sixth Chamber) of 3 March 2010 in Case T‑321/07 | Lufthansa AirPlus Servicekarten | v | OHIM - Applus Servicios Tecnológicos (A+) | by which that court dismissed an action brought by the proprietor of the Community word mark ‘AirPlus International’ for goods and services in Classes 9, 35, 36 and 42 against Decision R 310/2006‑2 of the Second Board of Appeal of OHIM of 7June 2007 dismissing the appeal against the Opposition Division’s decision rejecting the opposition brought by the appellant against the application for registration of the figurative mark ‘A+’ for goods and services in Classes 9, 35, 36, 37, 40, 41 and 42. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Lufthansa AirPlus Servicekarten GmbH is ordered to pay the costs. |