Action brought on 30 March 2010 - Ben Ri Electrónica v OHIM - Sacopa (LT LIGHT-THECNO)

(Case T -143/10)

Language in which the application was lodged: Spanish

Parties

Applicant: Ben Ri Electrónica SA (Madrid, Spain) (represented by: A. Alejos Cutuli, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Sacopa SAU (Sant Jaume de Llierca (Girona), Spain)

Form of order sought

annul the decision of the Fourth Board of Appeal of OHIM and reject Community mark No 4.520.193;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Sacopa SAU

Community trade mark concerned: Figurative mark which contains the word element 'LT' (Application No 4.520.193) for goods in Classes 7, 9 and 11.

Proprietor of the mark or sign cited in the opposition proceedings: The Applicant.

Mark or sign cited in opposition: Community figurative mark (No 13.375) and Spanish figurative marks (Nos 1.719.729 and 1.719.730) composed of the juxtaposition of and 'L' and a 'T' superimposed on a circle for goods in Classes 9 and 11.

Decision of the Opposition Division: Partial rejection of the opposition.

Decision of the Board of Appeal: Annulment of the contested decision and rejection of the opposition.

Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.

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