Action brought on 28 January 2011 - Run2Day Franchise v OHIM - Runners Point (Run2)

(Case T-64/11)

Language in which the application was lodged: English

Parties

Applicant: Run2Day Franchise BV (Utrecht, Netherlands) (represented by: H.J. Koenraad, lawyer)

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

Other party to the proceedings before the Board of Appeal: Runners Point Warenhandels GmbH (Recklinghausen, Germany)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 November 2010 in case R 349/2010-1;

Order the defendant, and if applicable the other party to the proceedings before the Board of Appeal, to bear the costs of the proceedings;

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark "Run2", for goods and services in classes 18, 25 and 35 - Community trade mark application No 6517502

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 3800448 of the word mark "RUN2DAY", for goods and services in classes 25, 28 and 35; Community trade mark registration No 3832458 of the figurative mark in colours "RUN2DAY", for goods and services in classes 25, 28 and 35; Benelux trade mark registration No 811897 of the figurative mark in colours "RUN2DAY", for goods and services in class 25

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Annulled the decision of the Opposition Division and rejected the opposition

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that there was no likelihood of confusion.

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