(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:

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:

1.Dismisses the action;

2.Orders Strategi Group Ltd to pay the costs.