Judgment of the General Court of 10 November 2011 - Ben Ri Electrónica v OHMI - Sacopa (LT LIGHT-THECNO)

(Case T-143/10) 

(Community trade mark - Opposition proceedings - Application for Community figurative mark LT LIGHT-THECNO - Earlier Community figurative mark LT - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: Spanish

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 February 2010 (Case R 1625/2008-4), relating to opposition proceedings between Ben Ri Electrónica, SA and Sacopa, SA.

Operative part of the judgment

The Court:

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 February 2010 (Case R 1625/2008-4);

Dismisses the action as to the remainder;

Orders OHIM to bear its own costs and to pay those incurred by Ben-Ri Electrónica, SA.

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¹ - OJ C 134, 22.5.2010.