Action brought on 20 May 2010 - Nike International Ltd v OHIM - Intermar Simanto Nahmias (JUMPMAN)

(Case T-233/10)

Language in which the application was lodged: English

Parties

Applicant: Nike International Ltd (Beaverton, USA) (represented by: M. De Justo Bailey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Intermar Simanto Nahmias (Individual Company) (Istanbul, Turkey)

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 March 2010 in case R 738/2009-1, as far as the opposition decision No B 1326299 has been upheld for all the contested goods;

Order the defendant to bear the costs of the proceedings; and

Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, should it become an intervening party in this case.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark "JUMPMAN", for goods in class 25

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Spanish trade mark registration No 2657489 of the word mark "JUMP", for goods in class 25; Community trade mark registration No 2752145 of the word mark "JUMP", for goods in class 25

Decision of the Opposition Division: Upheld the opposition for all of the contested goods and rejected the application in its entirety

Decision of the Board of Appeal: Dismissed the appeal

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 a likelihood of confusion between the concerned trade marks.

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