Source: EURLEX
Language: en
Format: md

**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. |

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