Community trade mark - Opposition procedure - Application for Community figurative mark SE(c) SPORTS EQUIPMENT - Prior national word mark SE So Easy - Relative grounds for refusal - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009 .

Judgment of the General Court (Third Chamber) of 30 November 2011 – SE-Blusen Stenau v OHIM – Sport Eybl & Sports Experts (SE© SPORTS EQUIPMENT) (Case T-477/10) Community trade mark – Opposition procedure – Application for Community figurative mark SE© SPORTS EQUIPMENT – Prior national word mark SE So Easy – Relative grounds for refusal – Similarity of the signs – Article 8(1)(b) of Regulation 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 19, 23, 66, 71-72) 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 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.