CELEX: 62010TJ0074
Community trade mark
Opposition proceedings
Application for Community word mark FLACO
Earlier national word mark FLACO
Relative ground for refusal
Identical goods
Article 8(1)(a) and (b) of Regulation (EC) No 207/2009
Request for proof of genuine use of the earlier mark submitted for the first time before the Board of Appeal
Article 42(2) and (3) of Regulation No 207/2009 and Rule 22 of Regulation (EC) No 2868/95

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 November 2009 (Case R 86/2009-2) concerning
opposition proceedings between Mr Jesús Delgado Sánchez and Flaco Geräte GmbH.
Information relating to the case
Applicant for the Community trade mark:
Flaco-Geräte GmbH
Community trade mark sought:
Word mark FLACO for goods in Classes 7 to 9 and 11 – Application No 4108502
Proprietor of the mark or sign cited in the opposition proceedings:
Jesús Delgado Sánchez
Mark or sign cited in opposition:
Spanish trade mark registration of the mark FLACO for goods in Class 7
Decision of the Opposition Division:
Application for Community trade mark dismissed in part
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;

2.Orders Flaco-Geräte GmbH to pay the costs.