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Document 62010TJ0074

    Judgment of the General Court (Third Chamber) of 11 May 2011.
    Flaco-Geräte GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for Community word mark FLACO - Earlier national word mark FLACO - Relative ground for refusal - Identical goods - Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 - Request for proof of genuine use of the earlier mark submitted for the first time before the Board of Appeal - Article 42(2) and (3) of Regulation No 207/2009 and Rule 22 of Regulation (EC) No 2868/95.
    Case T-74/10.

    European Court Reports 2011 II-00130*

    ECLI identifier: ECLI:EU:T:2011:207

    Date of document:
    11/05/2011
    Date lodged:
    16/02/2010
    Author:
    General Court
    Country or organisation from which the request originates:
    Germany
    Form:
    Judgment
    Authentic language:
    English
    Type of procedure:
    Action for annulment - unfounded
    Applicant:
    Individual
    Defendant:
    European Union Intellectual Property Office, EU institutions and bodies
    Judge-Rapporteur:
    Gratsias
    Link
    Select all documents mentioning this document
    Instruments cited in case law:





    Judgment of the General Court (Third Chamber) of 11 May 2011 – Flaco‑Geräte v OHIM – Delgado Sánchez (FLACO)

    (Case T-74/10)

    Community trade mark – Opposition proceedings – Application for Community word mark FLACO – Earlier national word mark FLACO – Relative ground for refusal – Identical goods – Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 – Request for proof of genuine use of the earlier mark submitted for the first time before the Board of Appeal – Article 42(2) and (3) of Regulation No 207/2009 and Rule 22 of Regulation (EC) No 2868/95

    1.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical earlier mark registered for identical goods and services (Council Regulation No 207/2009, Art. 8(1)(a)) (see paras 37, 48)

    2.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical earlier or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 37, 57)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 November 2009 (Case R 86/2009-2) concerning opposition proceedings between Mr Jesús Delgado Sánchez and Flaco Geräte GmbH.

    Information relating to the case

    Applicant for the Community trade mark:

    Flaco-Geräte GmbH

    Community trade mark sought:

    Word mark FLACO for goods in Classes 7 to 9 and 11 – Application No 4108502

    Proprietor of the mark or sign cited in the opposition proceedings:

    Jesús Delgado Sánchez

    Mark or sign cited in opposition:

    Spanish trade mark registration of the mark FLACO for goods in Class 7

    Decision of the Opposition Division:

    Application for Community trade mark dismissed in part

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

     

    2.Orders Flaco-Geräte GmbH to pay the costs.

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