CELEX: 62007TJ0502
Community trade mark
Opposition proceedings
Application for the Community figurative trade mark McKENZIE
Earlier Community figurative and word marks McKINLEY
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 October 2007 (Case R 1425/2006-2) relating
to opposition proceedings between The McKenzie Corporation Ltd and IIC – Intersport International Corp. GmbH.
Information relating to the case
Applicant for the Community trade mark:
The McKenzie Corporation Ltd
Community trade mark sought:
Community figurative mark McKENZIE for goods and services in Classes 18, 25, 36 and 37 – Application No 2664423
Proprietor of the mark or sign cited in the opposition proceedings:
IIC – Intersport International Corp. GmbH
Mark or sign cited in opposition:
Earlier Community figurative mark MCKINLEY for goods and services in Classes 18, 20, 22, 25 and 28 and the earlier Community
word mark MCKINLEY for goods and services in Classes 12, 18, 20, 22, 25 and 28
Decision of the Opposition Division:
Opposition upheld in part
Decision of the Board of Appeal:
Opposition dismissed in its entirety; registration allowed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders IIC-Intersport International Corp. GmbH to pay the costs.