CELEX: 62009TJ0092
Language: en
Date: 2010-10-05 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 5 October 2010. # Strategi Group Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-92/09.

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.