CELEX: 62010TJ0229
Language: en
Date: 2011-06-15
Title: Judgment of the General Court (Sixth Chamber) of 15 June 2011. # Graf-Syteco GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-229/10.

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.