Source: EURLEX
Language: en
Format: md

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| 28.1.2012 | EN | Official Journal of the European Union | C 25/49 |

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Judgment of the General Court of 30 November 2011 SE — Blusen Stenau v OHIM (Sport Eybl & Sports Experts (SE© SPORTS EQUIPMENT)

(Case T-477/10) [(1)](#ntr1-C_2012025EN.01004903-E0001)

(Community trade mark - Opposition procedure - Application for Community figurative mark SE© SPORTS EQUIPMENT - Prior national word mark SE So Easy - Relative grounds for refusal - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009)

(2012/C 25/95)

Language of the case: German

Parties

Applicant: SE — Blusen Stenau GmbH (Gronau, Germany) (represented by: O. Bischof, 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: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: M. Pachinger and S. Fürst., lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 July 2010 (Case R 139372009-1) concerning an opposition procedure between SE — Blusen Stenau GmbH and Sport Eybl & Sports Experts 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 22 July 2010 (Case R 139372009-1); |

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| 2. | Orders OHIM to bear its own costs and pay the costs incurred by SE — Blusen Stenau GmbH; |

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| 3. | Orders Sport Eybl & Sports Experts GmbH to bear its own costs. |

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