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Case T-424/09: Judgment of the General Court of 13 December 2011 — Goodyear Dunlop Tyres UK v OHIM — Sportfive (QUALIFIER) (Community trade mark — Opposition proceedings — Application for Community word mark QUALIFIER — Earlier Community word mark Qualifiers 2006 — Refusal to register — Relative ground for refusal — Likelihood of confusion — article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62009TA0424
62009TA0424
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Official Journal of the European Union
C 32/22
(Case T-424/09)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community word mark QUALIFIER - Earlier Community word mark Qualifiers 2006 - Refusal to register - Relative ground for refusal - Likelihood of confusion - article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 32/42
Language of the case: German
Parties
Applicant: Goodyear Dunlop Tyres UK Ltd (Birmingham, United Kingdom) (represented by: M. Graf, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Sportfive GmbH & Co. KG (Cologne, Germany)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 August 2009 (Case R 1291/2008-4) relating to opposition proceedings between Sportfive GmbH & Co. KG and Goodyear Dunlop Tyres UK Ltd.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Goodyear Dunlop Tyres UK Ltd to pay the costs.
(<span class="super">1</span>) OJ C 312, 19.12.2009.