Community trade mark - Opposition proceedings - Application for registration of the Community word mark VICTORY RED - Earlier international and national word marks Victory - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009.

Judgment of the General Court (Fourth Chamber) of 28 September 2011 – Nike International v OHIM – Deichmann (VICTORY RED) (Case T-356/10) Community trade mark – Opposition proceedings – Application for registration of the Community word mark VICTORY RED – Earlier international and national word marks Victory – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 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 registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 18, 25, 49, 52) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 May 2010 (Case R 1309/2009‑2) concerning opposition proceedings between Deichmann SE and Nike International Ltd. Operative part The Court: 1. Dismisses the action; 2. Orders Nike International Ltd to pay the costs.