Community trade mark Opposition proceedings Relative ground for refusal Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Likelihood of confusion Application for Community figurative mark EPCOS Earlier national figurative mark epco SISTEMAS Genuine use of earlier mark Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009
Sumário
Judgment of the General Court (First Chamber) of 15 December 2010.
Epcos AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark EPCOS - Earlier national figurative mark epco SISTEMAS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of earlier mark - Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009.
Case T-132/09.
Texto da decisão
Judgment of the General Court (First Chamber) of 15 December 2010 – Epcos v OHIM – Epco Sistemas (EPCOS)
(Case T-132/09)
Community trade mark – Opposition proceedings – Application for Community figurative mark EPCOS – Earlier national figurative mark epco SISTEMAS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Genuine use of earlier mark – Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) 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 40/94, Art. 8(1)(b)) (see paras 88-89)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 January 2009 (Case R 1088/2008-2) relating to opposition proceedings between Epco Sistemas SL and Epcos AG. |
Information relating to the case
|
Applicant for the Community trade mark: |
Epcos AG |
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Community trade mark sought: |
Figurative mark EPCOS for goods in Classes 6 and 9 – Application No 4133799 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Epco Sistemas, SL |
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Mark or sign cited in opposition: |
Spanish figurative mark E epco SISTEMAS for goods in Class 9 |
|
Decision of the Opposition Division: |
Opposition partially upheld |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
|
1.Dismisses the action; |
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2. |
Orders Epcos AG to pay the costs. |