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Case T-502/07: Judgment of the General Court of 18 May 2011 — IIC-Intersport International v OHIM — McKenzie (McKENZIE) (Community trade mark — Opposition proceedings — Application for the Community figurative trade mark McKENZIE — Earlier Community figurative and word marks McKINLEY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62007TA0502
62007TA0502
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Official Journal of the European Union
C 194/12
(Case T-502/07)(1)
(Community trade mark - Opposition proceedings - Application for the Community figurative trade mark McKENZIE - Earlier Community figurative and word marks McKINLEY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2011/C 194/17
Language of the case: English
Parties
Applicant: IIC-Intersport International Corp. GmbH (Ostermundigen, Switzerland) (represented by: P. Steinhauser, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral and D. Botis, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: The McKenzie Corporation Ltd (Ponteland Village, Newcastle Upon Tyne, United Kingdom) (represented by: D. Alexander QC, R. Kempner and O.M. Delafaille, Solicitors)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 October 2007 (Case R 1425/2006-2) relating to opposition proceedings between The McKenzie Corporation Ltd and IIC — Intersport International Corp. GmbH
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders IIC-Intersport International Corp. GmbH to pay the costs.
OJ C 51, 23.2.2008.