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:
2. | | 2. Orders Epcos AG to pay the costs. |