CELEX: 62011TN0064
Language: en
Date: 2011-01-28 00:00:00
Title: Case T-64/11: Action brought on 28 January 2011 — Run2Day Franchise v OHIM — Runners Point (Run2)

19.3.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 89/25
            
         Action brought on 28 January 2011 — Run2Day Franchise v OHIM — Runners Point (Run2)
   (Case T-64/11)
   2011/C 89/49
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Run2Day Franchise BV (Utrecht, Netherlands) (represented by: H.J. Koenraad, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Runners Point Warenhandels GmbH (Recklinghausen, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 November 2010 in case R 349/2010-1;
            
         
               —
            
            
               Order the defendant, and if applicable the other party to the proceedings before the Board of Appeal, to bear the costs of the proceedings;
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative mark ‘Run2’, for goods and services in classes 18, 25 and 35 — Community trade mark application No 6517502
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community trade mark registration No 3800448 of the word mark ‘RUN2DAY’, for goods and services in classes 25, 28 and 35; Community trade mark registration No 3832458 of the figurative mark in colours ‘RUN2DAY’, for goods and services in classes 25, 28 and 35; Benelux trade mark registration No 811897 of the figurative mark in colours ‘RUN2DAY’, for goods and services in class 25
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Annulled the decision of the Opposition Division and rejected the opposition
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that there was no likelihood of confusion.