Community trade mark Opposition proceedings Relative ground for refusal Application for the Community word mark STRATEGI Earlier national word mark Stratégies Proof of use of the earlier trade mark Article 43(2) of Regulation (EC) No 40/94 (now Article 42(2) of Regulation (EC) No 207/2009) and Rule 22 of Regulation (EC) No 2868/95
Sumário
Judgment of the General Court (Fourth Chamber) of 5 October 2010.
Strategi Group Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark STRATEGI - Earlier national word mark Stratégies - Relative ground for refusal - Proof of use of the earlier trade mark - Article 43(2) of Regulation (EC) No 40/94 (now Article 42(2) of Regulation (EC) No 207/2009) and Rule 22 of Regulation (EC) No 2868/95.
Case T-92/09.
Texto da decisão
Judgment of the General Court (Fourth Chamber) of 5 October 2010 – Strategi Group v OHIM – RBI (STRATEGI)
(Case T-92/09)
Community trade mark – Opposition proceedings – Application for the Community word mark STRATEGI – Earlier national word mark Stratégies – Relative ground for refusal – Proof of use of the earlier trade mark – Article 43(2) of Regulation (EC) No 40/94 (now Article 42(2) of Regulation (EC) No 207/2009) and Rule 22 of Regulation (EC) No 2868/95)
Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Partial use – Effect (Council Regulation No 40/94, Art. 43(2) and (3)) (see para. 45)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 December 2008 (Case R 1581/2007‑2), relating to opposition proceedings between Reed Business Information (RBI) and Strategi Group Ltd. |
Information relating to the case
|
Applicant for the Community trade mark: |
Strategi Group Ltd |
|
Community trade mark sought: |
Word mark STRATEGI for services in Class 35 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Reed Business Information (RBI) |
|
Mark or sign cited in opposition: |
French trade mark registration No 1240001 of the word mark Stratégies for goods and services in Classes 9, 16, 28, 35, 41 and 42 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Decision of the Opposition Division annulled |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Strategi Group Ltd to pay the costs. |