Judgment of the General Court (Third Chamber) of 30 November 2011. – SE-Blusen Stenau GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 22 July 2010 (Case R 1393/2009-1) concerning an opposition procedure between SE-Blusen Stenau GmbH and Sport Eybl & Sports Experts GmbH.

Operative part

Operative part

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 22 July 2010 (Case R 1393/2009-1);

2. Orders OHIM to bear its own costs and pay the costs incurred by SE-Blusen Stenau GmbH;

3. Orders Sport Eybl & Sports Experts GmbH to bear its own costs.