Action brought on 30 September 2011 - Genebre v OHIM - General Electric (GE)

(Case T-520/11)

Language in which the application was lodged: Spanish

Parties

Applicant: Genebre, SA (Hospitalet de Llobregat, Spain) (represented by: D. Pellisé Urquiza, lawyer)

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

Other party to the proceedings before the Board of Appeal: General Electric Company (Schenectady, United States of America)

Form of order sought

Declare the application admissible;

Annul the decision of the Fourth Board of Appeal of OHIM of 26 July 2011 in Case R 20/2009-4;

Order that Community trade mark No 5 006 325 be granted in respect of all the goods and services for which registration was sought.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Figurative mark 'GE' for goods in Classes 6, 7, 9, 11 and 17.

Proprietor of the mark or sign cited in the opposition proceedings: General Electric Company.

Mark or sign cited in opposition: National and Community word marks 'GE' and Community figurative mark 'GE' for goods and services in Classes 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 16, 17, 18, 19, 25, 28, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44.

Decision of the Opposition Division: Opposition rejected.

Decision of the Board of Appeal: Appeal upheld.

Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009, since there is no likelihood of confusion between the marks at issue and General Electric Company has not produced sufficient evidence to show that its marks had been put to genuine use.

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