CELEX: 62010TJ0074
Language: en
Date: 2011-05-11 00:00:00
Title: Judgment of the General Court (Third Chamber) of 11 May 2011. # Flaco-Geräte GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark FLACO - Earlier national word mark FLACO - Relative ground for refusal - Identical goods - Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 - Request for proof of genuine use of the earlier mark submitted for the first time before the Board of Appeal - Article 42(2) and (3) of Regulation No 207/2009 and Rule 22 of Regulation (EC) No 2868/95. # Case T-74/10.

Judgment of the General Court (Third Chamber) of 11 May 2011 – Flaco‑Geräte v OHIM – Delgado Sánchez (FLACO)
      (Case T-74/10)
      Community trade mark – Opposition proceedings – Application for Community word mark FLACO – Earlier national word mark FLACO – Relative ground for refusal – Identical goods – Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 – Request for proof of genuine use of the earlier mark submitted for the first time before the Board of Appeal – Article 42(2) and (3) of Regulation No 207/2009 and Rule 22 of Regulation (EC) No 2868/95
      1.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition
            by the proprietor of an identical earlier mark registered for identical goods and services (Council Regulation No 207/2009,
            Art. 8(1)(a)) (see paras 37, 48)
      2.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition
            by the proprietor of an identical earlier 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 37, 57)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 November 2009 (Case R 86/2009-2) concerning
                  opposition proceedings between Mr Jesús Delgado Sánchez and Flaco Geräte GmbH.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Flaco-Geräte GmbH
            
         
               Community trade mark sought: 
            
            
               Word mark FLACO for goods in Classes 7 to 9 and 11 – Application No 4108502
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Jesús Delgado Sánchez
            
         
               Mark or sign cited in opposition: 
            
            
               Spanish trade mark registration of the mark FLACO for goods in Class 7
            
         
               Decision of the Opposition Division: 
            
            
               Application for Community trade mark dismissed in part
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  	2.Orders Flaco-Geräte GmbH to pay the costs.