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Case T-425/12: Judgment of the General Court of 11 July 2014 — Sport Eybl & Sports Experts v OHIM — Elite Licensing (e) (Community trade mark — Opposition proceedings — Application for Community figurative mark e — Earlier Community figurative mark e — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62012TA0425

62012TA0425

July 11, 2014
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Official Journal of the European Union

C 292/37

(Case T-425/12) (<span class="super">1</span>)

((Community trade mark - Opposition proceedings - Application for Community figurative mark e - Earlier Community figurative mark e - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 292/45

Language of the case: German

Parties

Applicant: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: B. Gumpoldsberger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Elite Licensing Company SA (Fribourg, Switzerland) (represented by: J. Albrecht, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 June 2012 (Case R 881/2011-1) concerning opposition proceedings between Elite Licensing Company SA and Sport Eybl & Sports Experts GmbH.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Sport Eybl & Sports Experts GmbH to pay the costs.

(<span class="super">1</span>) OJ C 355, 17.11.2012.

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