CELEX: 62011TJ0064
Community trade mark
Opposition proceedings
Application for Community figurative mark Run2
Earlier Community word and figurative marks RUN2DAY
Earlier BENELUX figurative mark RUN2DATE
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the First Board of Appeal of OHIM of 11 November 2010 (Case R 349/2010‑1) concerning
opposition proceedings between Run2Day Franchise BV and Runners Point Warenhandels GmbH.
Operative part
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 11 November 2010 (Case R 349/2010‑1);
2.
Orders OHIM and Runners Point Warenhandels GmbH to pay, apart from their own costs, those incurred by Run2Day Franchise BV.