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Case T-207/09: Judgment of the General Court of 27 September 2011 — El Jirari Bouzekri v OHIM — Nike International (NC NICKOL) (Community trade mark — Opposition proceedings — Application for Community figurative mark NC NICKOL — Earlier Community figurative mark NIKE — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(5) of Regulation No 40/94)
ECLI:EU:UNKNOWN:62009TA0207
62009TA0207
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12.11.2011
Official Journal of the European Union
C 331/18
(Case T-207/09) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community figurative mark NC NICKOL - Earlier Community figurative mark NIKE - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(5) of Regulation No 40/94)
2011/C 331/32
Language of the case: English
Parties
Applicant: Mustapha El Jirari Bouzekri (Malaga, Spain) (represented by: E. Ragot, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nike International Ltd (Beaverton, Oregon, United States of America) (represented by: M. de Justo Bailey, lawyer)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 February 2009 (Case R 554/2008-2) relating to opposition proceedings between Nike International Ltd and Mustapha El Jirari Bouzekri.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), of 25 February 2009 (Case R 554/2008-2).
2.Orders OHIM to bear its own costs and to pay those incurred by Mustapha El Jirari Bouzekri. Nike International shall pay its own costs.
(<span class="super">1</span>) OJ C 167, 18.7.2009.