Judgment of the General Court of 8 July 2010 - Engelhorn v OHIM - The Outdoor Group (peerstorm)
(Community trade mark - Opposition proceedings - Application for the Community word mark peerstorm - Earlier Community and national word marks PETER STORM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of the earlier marks - Articles 15 and 43(2) of Regulation No 40/94 (now Articles 15 and 42(2) of Regulation No 207/2009))
Language of the case: English
Parties
Applicant: Engelhorn KGaA (Mannheim, Germany) (represented by: W. Göpfert and K. Mende, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: The Outdoor Group Ltd (Northampton, United Kingdom) (represented by: M. Edenborough, Barrister)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 28 October 2008 (Case R 167/2008-5), relating to opposition proceedings between The Outdoor Group Ltd and Engelhorn KGaA.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Engelhorn KGaA to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of The Outdoor Group Ltd.
____________1 - OJ C 82, 4.4.2009.