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Case T-137/09: Judgment of the General Court of 24 November 2010 — Nike International v OHIM — Muñoz Molina (R10) (Community trade mark — Opposition proceedings — Application for Community word mark R10 — Non-registered national word mark R10 — Assignment of the national mark — Procedural defect)
ECLI:EU:UNKNOWN:62009TA0137
62009TA0137
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Valentina R., lawyer
15.1.2011
Official Journal of the European Union
C 13/24
(Case T-137/09) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community word mark R10 - Non-registered national word mark R10 - Assignment of the national mark - Procedural defect)
2011/C 13/46
Language of the case: Spanish
Parties
Applicant: Nike International Ltd (Beaverton, Oregon, United States) (represented by: M. de Justo Bailey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Aurelio Muñoz Molina (Petrer, Spain)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 21 January 2009 (Case R 551/2008-1) relating to opposition proceedings between DL Sports & Marketing Ltda and Mr Aurelio Muñoz Molina.
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 21 January 2009 (Case R 551/2008-1);
2.Dismisses the remainder of the action;
3.Orders each party to bear its own costs.
(<span class="super">1</span>) OJ C 129, 6.6.2009.