CELEX: 62009TA0504
Language: en
Date: 2011-12-14 00:00:00
Title: Case T-504/09: Judgment of the General Court of 14 December 2011 — Völkl v OHIM — Marker Völkl (VÖLKL) (Community trade mark — Opposition proceedings — Application for Community word mark VÖLKL — Earlier international word mark VÖLKL — Relative ground for refusal — Likelihood of confusion — Refusal in part of registration — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 and Rule 22(3) of Regulation (EC) No 2868/95 — Competence of the Board of Appeal in the case of an appeal limited to part of the goods or services covered by the application for registration — Article 64(1) of Regulation No 207/2009 — Application for variation of the decision of the Board of Appeal — Article 65(3) of Regulation No 207/2009)

4.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/22
            
         Judgment of the General Court of 14 December 2011 — Völkl v OHIM — Marker Völkl (VÖLKL)
   (Case T-504/09) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community word mark VÖLKL - Earlier international word mark VÖLKL - Relative ground for refusal - Likelihood of confusion - Refusal in part of registration - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 and Rule 22(3) of Regulation (EC) No 2868/95 - Competence of the Board of Appeal in the case of an appeal limited to part of the goods or services covered by the application for registration - Article 64(1) of Regulation No 207/2009 - Application for variation of the decision of the Board of Appeal - Article 65(3) of Regulation No 207/2009)
   2012/C 32/43
   Language of the case: German
   
      Parties
   
   
      Applicant: Völkl GmbH & Co. KG (Erding, Germany) (represented by: C. Raßmann, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Hanne, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Marker Völkl International GmbH (Baar, Switzerland) (represented by: J. Bauer, lawyer)
   
      Re:
   
   Action against the decision of the First Board of Appeal of OHIM of 30 September 2009 (Case R 1387/2008-1) concerning opposition proceedings between Marker Völkl International GmbH and Völkl GmbH & Co. KG.
   
      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 30 September 2009 (Case R 1387/2008-1);
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders OHIM to bear its own costs and pay those incurred by Völkl GmbH & Co. KG;
            
         
               4.
            
            
               Orders Marker Völkl International GmbH to bear its own costs.
            
         
      (1)  OJ C 37, 13.2.2010.