28.1.2012
EN
Official Journal of the European Union
C 25/49
Judgment of the General Court of 30 November 2011 SE — Blusen Stenau v OHIM (Sport Eybl & Sports Experts (SE© SPORTS EQUIPMENT)
(Case T-477/10) (1)
(Community trade mark - Opposition procedure - Application for Community figurative mark SE© SPORTS EQUIPMENT - Prior national word mark SE So Easy - Relative grounds for refusal - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009)
2012/C 25/95
Language of the case: German
Parties
Applicant: SE — Blusen Stenau GmbH (Gronau, Germany) (represented by: O. Bischof, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: M. Pachinger and S. Fürst., lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 22 July 2010 (Case R 139372009-1) concerning an opposition procedure between SE — Blusen Stenau GmbH and Sport Eybl & Sports Experts GmbH.
Operative part of the judgment
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 July 2010 (Case R 139372009-1);
2.
Orders OHIM to bear its own costs and pay the costs incurred by SE — Blusen Stenau GmbH;
3.
Orders Sport Eybl & Sports Experts GmbH to bear its own costs.
(1) OJ C 346, 18.12.2010.
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