Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Fourth Chamber) of 28 September 2011 – Nike International v OHIM – Deichmann (VICTORY RED)**

**(Case T-356/10)**

Community trade mark – Opposition proceedings – Application for registration of the Community word mark VICTORY RED – Earlier international and national word marks Victory – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 18, 25, 49, 52)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 May 2010 (Case R 1309/2009‑2) concerning opposition proceedings between Deichmann SE and Nike International Ltd. |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Nike International Ltd to pay the costs. |

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