Action brought on 27 December 2010 - El Corte Inglés v OHIM - Technisynthese (BTS)
(Case T-592/10)
Language in which the application was lodged: Spanish
Parties
Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: M. E. López Camba and J. L. Rivas Zurdo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal of OHIM: Technisynthese SARL (Saint Pierre Montlimart, France)
Form of order sought
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2010 in Case R 1380/2009-1 in its entirety;
order the defendant and any interveners to pay all the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: El Corte Inglés, SA.
Community trade mark concerned: Word mark 'BTS' for goods in Classes 14, 18, 25 and 28.
Proprietor of the mark or sign cited in the opposition proceedings: Technisynthese SARL.
Mark or sign cited in opposition: National and Community figurative marks containing the word element 'TBS' for goods in Classes 18 and 25.
Decision of the Opposition Division: Opposition rejected.
Decision of the Board of Appeal: Decision of the Opposition Division annulled and opposition upheld.
Pleas in law: Failure to demonstrate that the earlier marks have a reputation and have been put to use, and infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,
1 since there is no likelihood of confusion between the marks at issue.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).