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.
____________1 - OJ C 134, 22.5.2010.