CELEX: 62009TJ0336
Community trade mark
Opposition proceedings
Application for Community word mark Topcom
Earlier Community and Benelux word marks TOPCOM
Relative ground for refusal
Likelihood of confusion
Similarity of the goods
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 June 2009 (Case R 1500/2008-2), concerning
opposition proceedings between Topcom Europe NV and Häfele GmbH & Co. KG.
Information relating to the case
Applicant for the Community trade mark:
Häfele GmbH & Co. KG
Community trade mark sought:
Word mark Topcom for goods in Classes 7, 9 and 11 – Application No 5032149
Proprietor of the mark or sign cited in the opposition proceedings:
Topcom Europe NV
Mark or sign cited in opposition:
Community and Benelux trade mark registration of the word mark TOPCOM for goods in Class 9
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal upheld, opposition allowed and decision of the Opposition Division annulled
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Häfele GmbH & Co. KG to pay the costs, including the costs necessarily incurred by Topcom Europe NV for the purposes
of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM).