Keywords
Subject of the case
Operative part

Keywords

Community trade mark

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Definition and acquisition of the Community trade mark

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Relative grounds for refusal

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Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation

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Protection of well-known earlier mark extended to dissimilar goods or services

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Conditions (Council Regulation No 40/94, Art. 8(1)(b) and (5)) (see paras 29-31

)

Subject of the case

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

Operative part

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 is ordered to pay its own costs.