CELEX: 62009TJ0132
Language: en
Date: 2010-12-15 00:00:00
Title: Judgment of the General Court (First Chamber) of 15 December 2010. # Epcos AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark EPCOS - Earlier national figurative mark epco SISTEMAS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of earlier mark - Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009. # Case T-132/09.

Judgment of the General Court (First Chamber) of 15 December 2010 – Epcos v OHIM – Epco Sistemas (EPCOS)
      (Case T-132/09)
      Community trade mark – Opposition proceedings – Application for Community figurative mark EPCOS – Earlier national figurative mark epco SISTEMAS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Genuine use of earlier mark – Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009)
      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 40/94, Art. 8(1)(b)) (see paras 88-89)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 January 2009 (Case R 1088/2008-2) relating
                  to opposition proceedings between Epco Sistemas SL and Epcos AG.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Epcos AG
            
         
               Community trade mark sought:
            
            
               Figurative mark EPCOS for goods in Classes 6 and 9 – Application No 4133799
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Epco Sistemas, SL
            
         
               Mark or sign cited in opposition:
            
            
               Spanish figurative mark E epco SISTEMAS for goods in Class 9
            
         
               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 Epcos AG to pay the costs.