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Document 62010TJ0229

    Judgment of the General Court (Sixth Chamber) of 15 June 2011.
    Graf-Syteco GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for Community word mark SYTECO - Earlier figurative national and Benelux marks TECO - Relative grounds for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Partial refusal to register.
    Case T-229/10.

    European Court Reports 2011 II-00175*

    ECLI identifier: ECLI:EU:T:2011:273





    Judgment of the General Court (Sixth Chamber) of 15 June 2011 – Graf-Syteco v OHIM – Teco Electric & Machinery (SYTECO)

    (Case T-229/10)

    Community trade mark – Opposition proceedings – Application for Community word mark SYTECO – Earlier figurative national and Benelux marks TECO – Relative grounds for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 – Partial refusal to register

    Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical 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 24-27, 41)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 18 February 2010 (Case R 230/2009-1) concerning opposition proceedings between Teco Electric & Machinery Co. Ltd and Graf-Syteco GmbH & Co. KG.

    Information relating to the case

    Applicant for the Community trade mark:

    Graf-Syteco GmbH & Co. KG

    Community trade mark sought:

    Word mark SYTECO for goods and services in Classes 9, 37 and 42 – Application No 5061494

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

    Teco Electric & Machinery Co. Ltd

    Mark or sign cited in opposition:

    Four national figurative marks including the word element TECO for goods in Classes 7, 9 and 11

    Decision of the Opposition Division:

    Opposition partially upheld

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Graf-Syteco GmbH & Co. KG to pay the costs.

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