CELEX: 62009TJ0484
Language: en
Date: 2011-11-16
Title: Judgment of the General Court (Fourth Chamber) of 16 November 2011. # Community trade mark - Opposition proceedings - Application for the Community word mark Powerball - Earlier unregistered word mark POWERBALL - Relative grounds for refusal - Article 8(3) and (4) of Regulation (EC) No 207/2009. # Case T-484/09.

Judgment of the General Court (Fourth Chamber) of 16 November 2011 – McLoughney v OHIM – Kern (Powerball)
      (Case T-484/09)
      Community trade mark – Opposition proceedings – Application for the Community word mark Powerball – Earlier unregistered word mark POWERBALL – Relative grounds for refusal – Article 8(3) and (4) of Regulation (EC) No 207/2009
      Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the General Court, Art. 44(1)(c))
         (see paras 18-19)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 September 2009 (Case R 1547/2006-4), relating
                  to opposition proceedings between Mr Rory McLoughney and Mr Ernst Kern.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Rory McLoughney to pay the costs.