Source: EURLEX
Language: en
Format: md

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| 7.1.2012 | EN | Official Journal of the European Union | C 6/13 |

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Judgment of the General Court of 16 November 2011 — McLoughney v OHIM — Kern (Powerball)

(Case T-484/09)[(1)](#ntr1-C_2012006EN.01001301-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark Powerball - Earlier unregistered word mark POWERBALL - Relative grounds for refusal - Article 8(3) and (4) of Regulation (EC) No 207/2009)

2012/C 6/20

Language of the case: German

Parties

Applicant: Rory McLoughney (Thurles, Ireland) (represented by: J. Stratford Lysandrides, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Ernst Kern (Zahling, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 September 2009 (Case R 1547/2006-4), relating to opposition proceedings between Mr Rory McLoughney and Mr Ernst Kern

Operative part of the judgment

The Court:

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| 1. | dismisses the action; |

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| 2. | orders Mr Rory McLoughney to pay the costs. |

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