Judgment of the General Court of 13 December 2011 - Goodyear Dunlop Tyres UK v OHIM - Sportfive (QUALIFIER)
(Case T-424/09)
(Community trade mark - Opposition proceedings - Application for Community word mark QUALIFIER - Earlier Community word mark Qualifiers 2006 - Refusal to register - Relative ground for refusal - Likelihood of confusion - article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Goodyear Dunlop Tyres UK Ltd (Birmingham, United Kingdom) (represented by: M. Graf, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Sportfive GmbH & Co. KG (Cologne, Germany)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 August 2009 (Case R 1291/2008-4) relating to opposition proceedings between Sportfive GmbH & Co. KG and Goodyear Dunlop Tyres UK Ltd.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Goodyear Dunlop Tyres UK Ltd to pay the costs.
____________1 - OJ C 312, 19.12.2009.