Judgment of the General Court of 24 November 2010 - Nike International v OHIM - Muñoz Molina (R10)
(Community trade mark - Opposition proceedings - Application for Community word mark R10 - Non-registered national word mark R10 - Assignment of the national mark - Procedural defect)
Language of the case: Spanish
Parties
Applicant: Nike International Ltd (Beaverton, Oregon, United States) (represented by: M. de Justo Bailey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Aurelio Muñoz Molina (Petrer, Spain)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 21 January 2009 (Case R 551/2008-1) relating to opposition proceedings between DL Sports & Marketing Ltda and Mr Aurelio Muñoz Molina.
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 21 January 2009 (Case R 551/2008-1);
Dismisses the remainder of the action;
Orders each party to bear its own costs.
____________1 - OJ C 129, 6.6.2009.