CELEX: 62009TJ0132
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

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
Community trade mark sought:
Figurative mark EPCOS for goods in Classes 6 and 9 – Application No 4133799
Proprietor of the mark or sign cited in the opposition proceedings:
Epco Sistemas, SL
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;
2.
Orders Epcos AG to pay the costs.