Action brought on 14 October 2009 - Goodyear Dunlop Tyres UK Ltd v OHIM - Sportfive (QUALIFIER)

(Case T -424/09)

Language in which the application was lodged: 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)

Other party to the proceedings before the Board of Appeal of OHIM: Sportfive GmbH & Co. KG (Cologne, Germany)

Form of order sought

-    Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 August 2009 in case R 1291/2008 4;

-    Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Goodyear Dunlop Tyres UK Ltd

Community trade mark concerned: the word mark "QUALIFIER" for goods in Class 12 (Application No 4 877 262)

Proprietor of the mark or sign cited in the opposition proceedings: Sportfive GmbH & Co. KG

Mark or sign cited in opposition: Community word mark No 4 017 836 and German word mark No 30 415 017.1 "Qualifiers 2006",German word/figurative mark No 30 414 610.2 "2006 QUALIFIERS", the German word mark No 30 515 033.2 "Qualifiers 2008" and German word/figurative mark Nr. 30 565 616.3 "2008 QUALIFIERS", all registered inter alia for goods in Class 12

Decision of the Opposition Division: Allow the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009¹ in that there is a likelihood of confusion between the two marks

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¹ - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).