(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:

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.