28.1.2012

Official Journal of the European Union

C 25/49

Judgment of the General Court of 30 November 2011 SE — Blusen Stenau v OHIM (Sport Eybl & Sports Experts (SE© SPORTS EQUIPMENT)

(Case T-477/10) (*)

(Community trade mark - Opposition procedure - Application for Community figurative mark SE© SPORTS EQUIPMENT - Prior national word mark SE So Easy - Relative grounds for refusal - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009)

(2012/C 25/95)

Language of the case: German

Parties

Applicant: SE — Blusen Stenau GmbH (Gronau, Germany) (represented by: O. Bischof, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: M. Pachinger and S. Fürst., lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 July 2010 (Case R 139372009-1) concerning an opposition procedure between SE — Blusen Stenau GmbH and Sport Eybl & Sports Experts GmbH.

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 22 July 2010 (Case R 139372009-1);

2.Orders OHIM to bear its own costs and pay the costs incurred by SE — Blusen Stenau GmbH;

3.Orders Sport Eybl & Sports Experts GmbH to bear its own costs.

*

Language of the case: German.

OJ C 346, 18.12.2010