CELEX: 62009TJ0424
Language: en
Date: 2011-12-13 00:00:00
Title: Judgment of the General Court (Second Chamber) of 13 December 2011. # Goodyear Dunlop Tyres UK Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark QUALIFIER - Earlier Community word mark Qualifiers 2006 - Refusal to register - Relative ground for refusal - Likelihood of confusion - article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-424/09.

Judgment of the General Court (Second Chamber) of 13 December 2011 – Goodyear Dunlop Tyres UK v OHIM – Sportfive (QUALIFIER)
      (Case T-424/09)
      Community trade mark – Opposition proceedings – Application for Community word mark QUALIFIER – Earlier Community word mark Qualifiers 2006 – Refusal to register – Relative ground for refusal – Likelihood of confusion – 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 26, 49)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 11 August 2009 (Case R 1291/2008-4) relating
                  to opposition proceedings between Sportfive GmbH & Co. KG and Goodyear Dunlop Tyres UK Ltd.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Goodyear Dunlop Tyres UK Ltd to pay the costs.