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Judgment of the General Court (Sixth Chamber) of 15 November 2011. # Václav Hrbek v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark ALPINE PRO SPORTSWEAR & EQUIPMENT - Earlier Community figurative mark ‘alpine’ - Misuse of power - Article 65(2) of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009. # Case T-434/10.
ECLI:EU:T:2011:663
62010TJ0434
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(Case T-434/10)
Community trade mark – Opposition proceedings – Application for the Community figurative mark ALPINE PRO SPORTSWEAR & EQUIPMENT – Earlier Community figurative mark ‘alpine’ – Misuse of power – Article 65(2) of Regulation (EC) No 207/2009 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009
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 registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 47, 65, 71-74)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 July 2010 (Case R 1441/2009-2) concerning opposition proceedings between The Outdoor Group Ltd and Mr Václav Hrbek.
Operative part
The Court:
1.Dismisses the action;
2.Orders Mr Václav Hrbek to pay the costs.