Judgment of the General Court (Second Chamber) 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

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 26, 49)

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

The Court:

1. Dismisses the action;

2. Orders Goodyear Dunlop Tyres UK Ltd to pay the costs.