Action brought on 31 December 2007 - IIC-Intersport International Corporation v OHIM - McKenzie Corporation (McKENZIE)

(Case T-502/07)

Language in which the application was lodged: English

Parties

Applicant: IIC-Intersport International Corporation GmbH (Ostermundigen, Switzerland) (represented by: P.J.M. Steinhauser, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: The McKenzie Corporation Ltd (Newcastle Upon Tyne, United Kingdom)

Form of order sought

Annul the appealed decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 15 October 2007 in Case R 1425/2006-2 and confirm the decision of the Opposition Division of the Office for Harmonisation in the Internal Market of 6 September 2006 by which the opposition of Intersport has been received in respect of certain of the goods concerned.

Pleas in law and main arguments

Applicant for the Community trade mark: The McKenzie Corporation Ltd

Community trade mark concerned: The Community figurative mark "McKENZIE" for goods and services in Classes 18, 25, 36 and 37

Proprietor of the mark or sign cited in the opposition proceedings: IIC-Intersport International Corporation GmbH

Mark or sign cited: The earlier Community figurative mark "MCKINLEY" for goods and services in Classes 18, 20, 22, 25 and 28 and the earlier Community word mark "MCKINLEY" for goods and services in Classes 12, 18, 20, 22, 25 and 28.

Decision of the Opposition Division: Upheld the opposition partially

Decision of the Board of Appeal: Rejected the opposition in its entirety and allowed registration to proceed

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94.

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