Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 13 December 2011 – Goodyear Dunlop Tyres UK v OHIM – Sportfive (QUALIFIER)**

**(Case T-424/09)**

Community trade mark – Opposition proceedings – Application for Community word mark QUALIFIER – Earlier Community word mark Qualifiers 2006 – Refusal to register – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 49)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 11 August 2009 (Case R 1291/2008-4) relating to opposition proceedings between Sportfive GmbH & Co. KG and Goodyear Dunlop Tyres UK Ltd. |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Goodyear Dunlop Tyres UK Ltd to pay the costs. |

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