Action brought on 9 October 2010 - SE - Blusen Stenau v OHIM (SPORT EYBL & SPORTS EXPERTS (SE(c) SPORTS EQUIPMENT)
(Case T-477/10)
Language in which the application was lodged: German
Parties
Applicant: SE - Blusen Stenau GmbH (Gronau, Germany) (represented by: O. Bischof, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: SPORT EYBL & SPORTS EXPERTS GmbH (Wels, Austria)
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 22 July 2010 in Case R 1393/2009-1;
order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: SPORT EYBL & SPORTS EXPERTS GmbH.
Community trade mark concerned: Figurative mark containing the word element 'SE(c) SPORTS EQUIPMENT' for goods in Classes 18 and 25.
Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
Mark or sign cited in opposition: German word mark and international registration 'SE' for goods in Class 25 and German word marks 'SE So Easy' and 'SE-Blusen' for goods in Classes 14, 18, 24 and 25.
Decision of the Opposition Division: Opposition allowed in part.
Decision of the Board of Appeal: The contested decision was annulled and remitted to the Opposition Division for further consideration.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009
1 in that the marks at issue are identical and there is a likelihood of confusion.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).