Judgment of the General Court of 30 November 2011 SE - Blusen Stenau v OHIM (Sport Eybl & Sports Experts (SE(c) SPORTS EQUIPMENT)
(Case T-477/10)
(Community trade mark - Opposition procedure - Application for Community figurative mark SE(c) SPORTS EQUIPMENT - Prior national word mark SE So Easy - Relative grounds for refusal - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009 )
Language of the case: 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) (represented by: A. Pohlmann, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: M. Pachinger and S. Fürst., lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 22 July 2010 (Case R 139372009-1) concerning an opposition procedure between SE - Blusen Stenau GmbH and Sport Eybl & Sports Experts GmbH.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 July 2010 (Case R 139372009-1);
2. Orders OHIM to bear its own costs and pay the costs incurred by SE - Blusen Stenau GmbH;
3. Orders Sport Eybl & Sports Experts GmbH to bear its own costs.
____________1 - OJ C 346, 18.12.2010.