Judgment of the General Court of 4 June 2013 – i-content v OHIM – Decathlon (BETWIN)
(Case T-514/11) 1
(Community trade mark – Opposition proceedings – Application for Community word mark BETWIN – Earlier Community figurative mark b’Twin – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: i-content Ltd Zweigniederlassung Deutschland (Berlin, Germany) (represented by: A. Nordemann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Decathlon SA (Villeneuve-d’Ascq, France)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 30 June 2011 (Case R 1816/2010-1), relating to opposition proceedings between Decathlon SA and i-content Ltd Zweigniederlassung Deutschland.
Operative part of the judgment
The Court:
1. Annuls the Decision of the First Board of Appeal of OHIM of 30 June 2011 (Case R 1816/2010-1) so far as concerns the goods in Class 28 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, corresponding to the following description: ‘inflatable swimming pools for recreational use; jungle gyms (play equipment); stuffed plush animals; swimming pools [toys]; air pistols [toys], hand-held electronic video games; toy vehicles; toy models; electronic hand-held game units; counters for games; checkers [games]; playground apparatus; mechanical action toys; playthings, except playthings for pets; electronic games; toy balloons; dice; novelties for parties, dances (party favours); hand-held electronic games; game cards; pinball-type games; cups for dice; printing toys; question sets for board games; bingo card; model aircraft; skittles; dominoes; decorative wind socks; pinball machines; skill and action games; parlour games; slot machines, automatic; pinball machines (coin or non-coin operated); scale model aeroplanes; card games; flying disks; playing balls; games; cups for dice; dolls; skittles (games); remote-control vehicles (toys); quoits; darts; clay pigeon traps; scale-model vehicles; sledges; slot machines, automatic; chess; toy masks; puzzles; stuffed toys; hand-held computer games; darts; toy aircraft; tossing disc toys; clay pigeons (targets); tappets; teddy bears; hand-held video games; electronically-operated toy motor vehicles; battery operated toys; gaming chips; targets; stuffed toy bears; inflatable toys; board games; swings; kites; model cars’;
2. So far as concerns the goods mentioned in Article 1, annuls the Opposition Division’s decision of 21 July 2010 and rejects the opposition;
3. Dismisses the action as to the remainder;
4. Orders each party to bear its own costs.
____________1 OJ C 355, 3.12.2011.