19.12.2009

EN

Official Journal of the European Union

C 312/38

(Case T-424/09)

2009/C 312/63

Language in which the application was lodged: 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)

Other party to the proceedings before the Board of Appeal of OHIM: Sportfive GmbH & Co. KG (Cologne, Germany)

Form of order sought

—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 August 2009 in case R 1291/2008 4;

—Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Goodyear Dunlop Tyres UK Ltd

Community trade mark concerned: the word mark “QUALIFIER’ for goods in Class 12 (Application No 4 877 262)

Proprietor of the mark or sign cited in the opposition proceedings: Sportfive GmbH & Co. KG

Mark or sign cited in opposition: Community word mark No 4 017 836 and German word mark No 30 415 017.1 ‘Qualifiers 2006’, German word/figurative mark No 30 414 610.2 ‘2006 QUALIFIERS’, the German word mark No 30 515 033.2 ‘Qualifiers 2008’ and German word/figurative mark Nr. 30 565 616.3 ‘2008 QUALIFIERS’, all registered inter alia for goods in Class 12

Decision of the Opposition Division: Allow the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 (1) in that there is a likelihood of confusion between the two marks

(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).