Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Sixth Chamber) of 15 June 2011 – Graf-Syteco v OHIM – Teco Electric & Machinery (SYTECO)**

**(Case T-229/10)**

Community trade mark – Opposition proceedings – Application for Community word mark SYTECO – Earlier figurative national and Benelux marks TECO – Relative grounds for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 – Partial refusal to register

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 24-27, 41)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 18 February 2010 (Case R 230/2009-1) concerning opposition proceedings between Teco Electric & Machinery Co. Ltd and Graf-Syteco GmbH & Co. KG. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Graf-Syteco GmbH & Co. KG |
| Community trade mark sought: | Word mark SYTECO for goods and services in Classes 9, 37 and 42 – Application No 5061494 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Teco Electric & Machinery Co. Ltd |
| Mark or sign cited in opposition: | Four national figurative marks including the word element TECO for goods in Classes 7, 9 and 11 |
| 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 Graf-Syteco GmbH & Co. KG to pay the costs. |

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