CELEX: 62011TA0064
Language: en
Date: 2012-02-07 00:00:00
Title: Case T-64/11: Judgment of the General Court of 7 February 2012 — Run2Day Franchise v OHIM — Runners Point (Run2) (Community trade mark — Opposition proceedings — Application for Community figurative mark Run2 — Earlier Community word and figurative marks RUN2DAY — Earlier BENELUX figurative mark RUN2DATE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)

17.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 80/18
            
         Judgment of the General Court of 7 February 2012 — Run2Day Franchise v OHIM — Runners Point (Run2)
   (Case T-64/11) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community figurative mark Run2 - Earlier Community word and figurative marks RUN2DAY - Earlier BENELUX figurative mark RUN2DATE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
   2012/C 80/30
   Language of the case: German
   
      Parties
   
   
      Applicant: Run2Day Franchise BV (Utrecht, Netherlands) (represented by: H. Koenraad, 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 intervening before the General Court: Runners Point Warenhandels GmbH (Recklinghausen, Germany) (represented by: H. Prange, lawyer)
   
      Re:
   
   Appeal brought against the decision of the First Board of Appeal of OHIM of 11 November 2010 (Case R 349/2010-1) concerning opposition proceedings between Run2Day Franchise BV and Runners Point Warenhandels GmbH.
   
      Operative part of the judgment
   
   The Court:
   
               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 11 November 2010 (Case R 349/2010-1);
            
         
               2.
            
            
               Orders OHIM and Runners Point Warenhandels GmbH to pay, apart from their own costs, those incurred by Run2Day Franchise BV.
            
         
      (1)  OJ C 89, 19.3.2011.