CELEX: 62010TA0434
Language: en
Date: 2011-11-15 00:00:00
Title: Case T-434/10: Judgment of the General Court of 15 November 2011 — Hrbek v OHIM — Outdoor Group (ALPINE PRO SPORTSWEAR & EQUIPMENT) (Community trade mark — Opposition proceedings — Application for the Community figurative mark ALPINE PRO SPORTSWEAR & EQUIPMENT — Earlier Community figurative mark ‘alpine’ — Misuse of power — Article 65(2) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009)

7.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/14
            
         Judgment of the General Court of 15 November 2011 — Hrbek v OHIM — Outdoor Group (ALPINE PRO SPORTSWEAR & EQUIPMENT)
   (Case T-434/10) (1)
   
   (Community trade mark - Opposition proceedings - Application for the Community figurative mark ALPINE PRO SPORTSWEAR & EQUIPMENT - Earlier Community figurative mark ‘alpine’ - Misuse of power - Article 65(2) of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009)
   2012/C 6/25
   Language of the case: English
   
      Parties
   
   
      Applicant: Václav Hrbek (Augustinova, Czech Republic) (represented by: C. Jäger, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM: The Outdoor Group Ltd (Northampton, United Kingdom) (represented by: S. Malynicz, Barrister)
   
      Re:
   
   Action brought against the decision of the Second Board of Appeal of OHIM of 8 July 2010 (Case R 1441/2009-2) concerning opposition proceedings between The Outdoor Group Ltd and Mr Václav Hrbek.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Mr Václav Hrbek to pay the costs.
            
         
      (1)  OJ C 328, 4.12.2010.