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Document 62009TA0504
Case T-504/09: Judgment of the General Court of 14 December 2011 — Völkl v OHIM — Marker Völkl (VÖLKL) (Community trade mark — Opposition proceedings — Application for Community word mark VÖLKL — Earlier international word mark VÖLKL — Relative ground for refusal — Likelihood of confusion — Refusal in part of registration — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 and Rule 22(3) of Regulation (EC) No 2868/95 — Competence of the Board of Appeal in the case of an appeal limited to part of the goods or services covered by the application for registration — Article 64(1) of Regulation No 207/2009 — Application for variation of the decision of the Board of Appeal — Article 65(3) of Regulation No 207/2009)
Case T-504/09: Judgment of the General Court of 14 December 2011 — Völkl v OHIM — Marker Völkl (VÖLKL) (Community trade mark — Opposition proceedings — Application for Community word mark VÖLKL — Earlier international word mark VÖLKL — Relative ground for refusal — Likelihood of confusion — Refusal in part of registration — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 and Rule 22(3) of Regulation (EC) No 2868/95 — Competence of the Board of Appeal in the case of an appeal limited to part of the goods or services covered by the application for registration — Article 64(1) of Regulation No 207/2009 — Application for variation of the decision of the Board of Appeal — Article 65(3) of Regulation No 207/2009)
Case T-504/09: Judgment of the General Court of 14 December 2011 — Völkl v OHIM — Marker Völkl (VÖLKL) (Community trade mark — Opposition proceedings — Application for Community word mark VÖLKL — Earlier international word mark VÖLKL — Relative ground for refusal — Likelihood of confusion — Refusal in part of registration — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 and Rule 22(3) of Regulation (EC) No 2868/95 — Competence of the Board of Appeal in the case of an appeal limited to part of the goods or services covered by the application for registration — Article 64(1) of Regulation No 207/2009 — Application for variation of the decision of the Board of Appeal — Article 65(3) of Regulation No 207/2009)
OJ C 32, 4.2.2012, p. 22–22
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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4.2.2012 |
EN |
Official Journal of the European Union |
C 32/22 |
Judgment of the General Court of 14 December 2011 — Völkl v OHIM — Marker Völkl (VÖLKL)
(Case T-504/09) (1)
(Community trade mark - Opposition proceedings - Application for Community word mark VÖLKL - Earlier international word mark VÖLKL - Relative ground for refusal - Likelihood of confusion - Refusal in part of registration - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 and Rule 22(3) of Regulation (EC) No 2868/95 - Competence of the Board of Appeal in the case of an appeal limited to part of the goods or services covered by the application for registration - Article 64(1) of Regulation No 207/2009 - Application for variation of the decision of the Board of Appeal - Article 65(3) of Regulation No 207/2009)
2012/C 32/43
Language of the case: German
Parties
Applicant: Völkl GmbH & Co. KG (Erding, Germany) (represented by: C. Raßmann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Hanne, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Marker Völkl International GmbH (Baar, Switzerland) (represented by: J. Bauer, lawyer)
Re:
Action against the decision of the First Board of Appeal of OHIM of 30 September 2009 (Case R 1387/2008-1) concerning opposition proceedings between Marker Völkl International GmbH and Völkl GmbH & Co. KG.
Operative part of the judgment
The Court:
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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 30 September 2009 (Case R 1387/2008-1); |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders OHIM to bear its own costs and pay those incurred by Völkl GmbH & Co. KG; |
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4. |
Orders Marker Völkl International GmbH to bear its own costs. |