15.1.2011   

EN

Official Journal of the European Union

C 13/24


Judgment of the General Court of 24 November 2010 — Nike International v OHIM — Muñoz Molina (R10)

(Case T-137/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark R10 - Non-registered national word mark R10 - Assignment of the national mark - Procedural defect)

2011/C 13/46

Language of the case: Spanish

Parties

Applicant: Nike International Ltd (Beaverton, Oregon, United States) (represented by: M. de Justo Bailey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Aurelio Muñoz Molina (Petrer, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 January 2009 (Case R 551/2008-1) relating to opposition proceedings between DL Sports & Marketing Ltda and Mr Aurelio Muñoz Molina.

Operative part of the judgment

The Court:

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 21 January 2009 (Case R 551/2008-1);

2.

Dismisses the remainder of the action;

3.

Orders each party to bear its own costs.


(1)  OJ C 129, 6.6.2009.