Source: EURLEX
Language: en
Format: md

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| 19.12.2009 | EN | Official Journal of the European Union | C 312/38 |

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Action brought on 14 October 2009 — Goodyear Dunlop Tyres UK Ltd v OHIM — Sportfive (QUALIFIER)

(Case T-424/09)

2009/C 312/63

Language in which the application was lodged: German

Parties

Applicant: Goodyear Dunlop Tyres UK Ltd (Birmingham, United Kingdom) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Sportfive GmbH & Co. KG (Cologne, Germany)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 August 2009 in case R 1291/2008 4; |

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| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Goodyear Dunlop Tyres UK Ltd

Community trade mark concerned: the word mark “QUALIFIER’ for goods in Class 12 (Application No 4 877 262)

Proprietor of the mark or sign cited in the opposition proceedings: Sportfive GmbH & Co. KG

Mark or sign cited in opposition: Community word mark No 4 017 836 and German word mark No 30 415 017.1 ‘Qualifiers 2006’, German word/figurative mark No 30 414 610.2 ‘2006 QUALIFIERS’, the German word mark No 30 515 033.2 ‘Qualifiers 2008’ and German word/figurative mark Nr. 30 565 616.3 ‘2008 QUALIFIERS’, all registered inter alia for goods in Class 12

Decision of the Opposition Division: Allow the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009[(1)](#ntr1-C_2009312EN.01003802-E0001) in that there is a likelihood of confusion between the two marks

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