Judgment of the General Court of 16 October 2013 – Zoo Sport v OHIM – K-2 (ZOOSPORT)
(Case T-453/12) 1
(Community trade mark – Opposition proceedings – Application for Community word mark ZOOSPORT – Earlier Community word mark ZOOT and earlier Community figurative mark SPORTS ZOOT SPORTS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Zoo Sport Ltd (Leeds, United Kingdom) (represented by: I. Rungg, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: K-2 Corp. (Seattle, United States of America) (represented by: M. Graf, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2012 (Case R 1119/2011-4), relating to opposition proceedings between K-2 Corp. and Zoo Sport Ltd.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Zoo Sport Ltd to pay the costs.
____________1 OJ C 26, 26.1.2013.