Judgment of the General Court (Fourth Chamber) of 5 October 2010 – Strategi Group v OHIM – RBI (STRATEGI)
(Case T-92/09)
Community trade mark – Opposition proceedings – Application for the Community word mark STRATEGI – Earlier national word mark Stratégies – Relative ground for refusal – Proof of use of the earlier trade mark – Article 43(2) of Regulation (EC) No 40/94 (now Article 42(2) of Regulation (EC) No 207/2009) and Rule 22 of Regulation (EC) No 2868/95)
Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Partial use – Effect (Council Regulation No 40/94, Art. 43(2) and (3)) (see para. 45)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 December 2008 (Case R 1581/2007‑2), relating to opposition proceedings between Reed Business Information (RBI) and Strategi Group Ltd. |
Information relating to the case
Applicant for the Community trade mark: | Strategi Group Ltd |
Community trade mark sought: | Word mark STRATEGI for services in Class 35 |
Proprietor of the mark or sign cited in the opposition proceedings: | Reed Business Information (RBI) |
Mark or sign cited in opposition: | French trade mark registration No 1240001 of the word mark Stratégies for goods and services in Classes 9, 16, 28, 35, 41 and 42 |
Decision of the Opposition Division: | Opposition dismissed |
Decision of the Board of Appeal: | Decision of the Opposition Division annulled |
Operative part
The Court:
2. | | Orders Strategi Group Ltd to pay the costs. |