(Case T-207/09)

Community trade mark – Opposition proceedings – Application for Community figurative mark NC NICKOL – Earlier Community figurative mark NIKE – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(5) of Regulation No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions (Council Regulation No 40/94, Art. 8(1)(b) and (5)) (see paras 29-31)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 February 2009 (Case R 554/2008‑2) relating to opposition proceedings between Nike International Ltd and Mustapha El Jirari Bouzekri.

Operative part

The Court:

1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), of 25 February 2009 (Case R 554/2008-2);

2.Orders OHIM to bear its own costs and to pay those incurred by Mustapha El Jirari Bouzekri. Nike International is ordered to pay its own costs.