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:
2. | | Orders Graf-Syteco GmbH & Co. KG to pay the costs. |