Community trade mark - Opposition proceedings - Application for Community figurative mark NC NICKOL - Earlier Community figurative mark NIKE - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(5) of Regulation No 40/94.

Judgment of the General Court (Second Chamber) of 27 September 2011 – El Jirari Bouzekri v OHIM – Nike International (NC NICKOL) (Case T-207/09) Community trade mark – Opposition proceedings – Application for Community figurative mark NC NICKOL – Earlier Community figurative mark NIKE – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(5) of Regulation No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions (Council Regulation No 40/94, Art. 8(1)(b) and (5)) (see paras 29-31) 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 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.