Source: EURLEX
Language: en
Format: md

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| 17.3.2012 | EN | Official Journal of the European Union | C 80/18 |

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Judgment of the General Court of 7 February 2012 — Run2Day Franchise v OHIM — Runners Point (Run2)

(Case T-64/11)[(1)](#ntr1-C_2012080EN.01001802-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Run2 - Earlier Community word and figurative marks RUN2DAY - Earlier BENELUX figurative mark RUN2DATE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 80/30

Language of the case: German

Parties

Applicant: Run2Day Franchise BV (Utrecht, Netherlands) (represented by: H. Koenraad, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Runners Point Warenhandels GmbH (Recklinghausen, Germany) (represented by: H. Prange, lawyer)

Re:

Appeal brought against the decision of the First Board of Appeal of OHIM of 11 November 2010 (Case R 349/2010-1) concerning opposition proceedings between Run2Day Franchise BV and Runners Point Warenhandels GmbH.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 November 2010 (Case R 349/2010-1); |

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| 2. | Orders OHIM and Runners Point Warenhandels GmbH to pay, apart from their own costs, those incurred by Run2Day Franchise BV. |

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