Judgment — ECLI:EU:T:2010:424
Date: 2010-10-05
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: United Kingdom

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.