CELEX: 62010TJ0477
Language: en
Date: 2011-11-30
Title: Judgment of the General Court (Third Chamber) of 30 November 2011. # SE-Blusen Stenau GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Application for Community figurative mark SE(c) SPORTS EQUIPMENT - Prior national word mark SE So Easy - Relative grounds for refusal - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009 . # Case T-477/10.

Judgment of the General Court (Third Chamber) of 30 November 2011 – SE-Blusen Stenau v OHIM – Sport Eybl & Sports Experts
            (SE© SPORTS EQUIPMENT)
      (Case T-477/10)
      Community trade mark – Opposition procedure – Application for Community figurative mark SE© SPORTS EQUIPMENT – Prior national word mark SE So Easy – Relative grounds for refusal – Similarity of the signs – Article 8(1)(b) of Regulation 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 19, 23, 66, 71-72)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 22 July 2010 (Case R 1393/2009-1) concerning an
                  opposition procedure between SE-Blusen Stenau GmbH and Sport Eybl & Sports Experts GmbH.
               
            Operative part
      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 22 July 2010 (Case R 1393/2009-1);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to bear its own costs and pay the costs incurred by SE-Blusen Stenau GmbH;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Sport Eybl & Sports Experts GmbH to bear its own costs.