Judgment of the General Court of 15 November 2011 - Hrbek v OHIM - Outdoor Group (ALPINE PRO SPORTSWEAR & EQUIPMENT)
(Case T-434/10)
(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)
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.