Judgment of the General Court of 7 February 2012 - Run2Day Franchise v OHIM - Runners Point (Run2)
(Case T-64/11)
(Community trade mark - Opposition proceedings - Application for Community figurative mark Run2 - Earlier Community word and figurative marks RUN2DAY - Earlier BENELUX figurative mark RUN2DATE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Run2Day Franchise BV (Utrecht, Netherlands) (represented by: H. Koenraad, 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 intervening before the General Court: Runners Point Warenhandels GmbH (Recklinghausen, Germany) (represented by: H. Prange, lawyer)
Re:
Appeal brought against the decision of the First Board of Appeal of OHIM of 11 November 2010 (Case R 349/2010-1) concerning opposition proceedings between Run2Day Franchise BV and Runners Point Warenhandels GmbH.
Operative part of the judgment
The Court:
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 November 2010 (Case R 349/2010 -1);
Orders OHIM and Runners Point Warenhandels GmbH to pay, apart from their own costs, those incurred by Run2Day Franchise BV.
____________1 - OJ C 89, 19.3.2011.