CELEX: 62010TJ0356
Language: en
Date: 2011-09-28 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 28 September 2011. # Nike International Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-356/10.

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.