Community trade mark – Opposition proceedings – Application for the Community word mark Powerball – Earlier unregistered word mark POWERBALL – Relative grounds for refusal – Article 8(3) and (4) of Regulation (EC) No 207/2009

Judgment of the General Court (Fourth Chamber) of 16 November 2011 – McLoughney v OHIM – Kern (Powerball) (Case T-484/09) Community trade mark – Opposition proceedings – Application for the Community word mark Powerball – Earlier unregistered word mark POWERBALL – Relative grounds for refusal – Article 8(3) and (4) of Regulation (EC) No 207/2009 Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 18-19) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 September 2009 (Case R 1547/2006-4), relating to opposition proceedings between Mr Rory McLoughney and Mr Ernst Kern. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Rory McLoughney to pay the costs.