Judgment of the General Court (Sixth Chamber) 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

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 31, 47, 65, 71-74)

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

The Court:

1. Dismisses the action;

2. Orders Mr Václav Hrbek to pay the costs.