Judgment of the General Court of 22 May 2012 - Sport Eybl & Sports Experts v OHIM - Seven (SEVEN SUMMITS)
(Case T-179/11)
(Community trade mark - Opposition proceedings - Application for Community figurative mark SEVEN SUMMITS - Earlier Community figurative mark Seven - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: S. Fürst, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Seven SpA (Leinì, Italy) (represented by: D. Sindico, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 January 2011 (Case R 364/2010-4), relating to opposition proceedings between Seven SpA and Sport Eybl & Sports Experts GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Sport Eybl & Sports Experts GmbH to pay its own costs and to bear those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Seven SpA.
____________1 - OJ C 152, 21.5.2011.