Judgment — ECLI:EU:T:2011:652
Date: 2011-11-10
Language of the case: Spanish
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Spain

Judgment of the General Court (Seventh Chamber) of 10 November 2011 – Ben Ri Electrónica v OHIM – Sacopa (LT LIGHT-THECNO) (Case T-143/10) Community trade mark – Opposition proceedings – Application for Community figurative mark LT LIGHT-THECNO – Earlier Community figurative mark LT – Relative ground for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) 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 207/2009, Art. 8(1)(b)) (see paras 19, 41-43) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 February 2010 (Case R 1625/2008‑4), relating to opposition proceedings between Ben Ri Electrónica, SA and Sacopa, SA. Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 February 2010 (Case R 1625/2008-4); 2. Dismisses the action as to the remainder; 3. Orders OHIM to bear its own costs and to pay those incurred by Ben-Ri Electrónica, SA.