Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 14.4.2012 | EN | Official Journal of the European Union | C 109/22 |

---

Action brought on 8 February 2012 — K2 Sports Europe v OHIM — Karhu Sport Iberica (SPORT)

(Case T-54/12)

2012/C 109/47

Language in which the application was lodged: English

Parties

Applicant: K2 Sports Europe GmbH (Penzberg, Germany) (represented by: J. Güell Serra, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Karhu Sport Iberica, SL (Cordoba, Spain)

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 November 2011 in case R 986/2010-4; |

|  |  |
| --- | --- |
| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark in black and white ‘SPORT’, for goods in classes 18, 25 and 28 — Community trade mark application No 7490113

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: German trade mark registration No 302008015437 of the word mark ‘K2 SPORTS’, for goods in classes 18, 25 and 28; International trade mark registration No 982235 of the word mark ‘K2 SPORTS’, for goods in classes 18, 25 and 28

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal: (i) did not take into consideration the fact that, as a consequence of the identity in the goods at issue the differences between the marks are attenuated; (ii) made an incorrect assessment of the mark applied for, taking the view that there was no chance that the figurative element might be perceived by the public as a representation of the letter K; (iii) incorrectly presumed that being the word ‘SPORT’ understood in all the relevant territories, it should be omitted in the comparative analysis, (iv) erred in making the comparison of the signs; and (v) there is a likelihood of confusion between the conflicting marks even if the word ‘SPORT’ may have a weak distinctive character.

---

[Top](#document1)