Action brought on 9 October 2010 — SE — Blusen Stenau v OHIM (SPORT EYBL & SPORTS EXPERTS (SE© SPORTS EQUIPMENT)

(Case T-477/10)

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2010/C 346/94

Language in which the application was lodged: German

Parties

Applicant: SE — Blusen Stenau GmbH (Gronau, Germany) (represented by: O. Bischof, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: SPORT EYBL & SPORTS EXPERTS GmbH (Wels, Austria)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: SPORT EYBL & SPORTS EXPERTS GmbH.

Community trade mark concerned: Figurative mark containing the word element ‘SE© SPORTS EQUIPMENT’ for goods in Classes 18 and 25.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: German word mark and international registration ‘SE’ for goods in Class 25 and German word marks ‘SE So Easy’ and ‘SE-Blusen’ for goods in Classes 14, 18, 24 and 25.

Decision of the Opposition Division: Opposition allowed in part.

Decision of the Board of Appeal: The contested decision was annulled and remitted to the Opposition Division for further consideration.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) in that the marks at issue are identical and there is a likelihood of confusion.

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).