Source: EURLEX
Language: en
Format: md

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| 12.11.2011 | EN | Official Journal of the European Union | C 331/18 |

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Judgment of the General Court of 27 September 2011 — El Jirari Bouzekri v OHIM — Nike International (NC NICKOL)

(Case T-207/09)[(1)](#ntr1-C_2011331EN.01001801-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark NC NICKOL - Earlier Community figurative mark NIKE - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(5) of Regulation No 40/94)

2011/C 331/32

Language of the case: English

Parties

Applicant: Mustapha El Jirari Bouzekri (Malaga, Spain) (represented by: E. Ragot, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nike International Ltd (Beaverton, Oregon, United States of America) (represented by: M. de Justo Bailey, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 February 2009 (Case R 554/2008-2) relating to opposition proceedings between Nike International Ltd and Mustapha El Jirari Bouzekri.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), of 25 February 2009 (Case R 554/2008-2). |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by Mustapha El Jirari Bouzekri. Nike International shall pay its own costs. |

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