Judgment of the General Court (Third Chamber) of 30 November 2011 – SE-Blusen Stenau v OHIM – Sport Eybl & Sports Experts (SE© SPORTS EQUIPMENT)

(Case T-477/10)

Community trade mark – Opposition procedure – Application for Community figurative mark SE© SPORTS EQUIPMENT – Prior national word mark SE So Easy – Relative grounds for refusal – Similarity of the signs – Article 8(1)(b) of Regulation No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19, 23, 66, 71-72)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 22 July 2010 (Case R 1393/2009-1) concerning an opposition procedure between SE-Blusen Stenau GmbH and Sport Eybl & Sports Experts GmbH.

Operative part

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 22 July 2010 (Case R 1393/2009-1);

2. Orders OHIM to bear its own costs and pay the costs incurred by SE-Blusen Stenau GmbH;

3. Orders Sport Eybl & Sports Experts GmbH to bear its own costs.