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Case T-484/09: Judgment of the General Court of 16 November 2011 — McLoughney v OHIM — Kern (Powerball) (Community trade mark — Opposition proceedings — Application for the Community word mark Powerball — Earlier unregistered word mark POWERBALL — Relative grounds for refusal — Article 8(3) and (4) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62009TA0484
62009TA0484
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Official Journal of the European Union
C 6/13
(Case T-484/09)(1)
(Community trade mark - Opposition proceedings - Application for the Community word mark Powerball - Earlier unregistered word mark POWERBALL - Relative grounds for refusal - Article 8(3) and (4) of Regulation (EC) No 207/2009)
2012/C 6/20
Language of the case: German
Parties
Applicant: Rory McLoughney (Thurles, Ireland) (represented by: J. Stratford Lysandrides, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Ernst Kern (Zahling, Germany)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 September 2009 (Case R 1547/2006-4), relating to opposition proceedings between Mr Rory McLoughney and Mr Ernst Kern
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders Mr Rory McLoughney to pay the costs.
(1)
OJ C 37, 13.2.2010.