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Case T-789/17: Judgment of the General Court of 7 February 2019 — TecAlliance v EUIPO — Siemens (TecDocPower) (EU trade mark — Opposition proceedings — Application for the EU word mark TecDocPower — Earlier EU word and figurative marks TECDOC and TecDoc — Relative ground for refusal — Similarity of goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of earlier marks — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62017TA0789
62017TA0789
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18.3.2019
Official Journal of the European Union
C 103/36
(Case T-789/17) (*)
((EU trade mark - Opposition proceedings - Application for the EU word mark TecDocPower - Earlier EU word and figurative marks TECDOC and TecDoc - Relative ground for refusal - Similarity of goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Genuine use of earlier marks - Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)))
(2019/C 103/47)
Language of the case: German
Parties
Applicant: TecAlliance GmbH (Ismaning, Germany) (represented by P. Engemann, lawyer)
Defendant: European Union Intellectual Property Office (represented by S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Siemens AG (Munich, Germany) (represented by V. von Bomhard and J. Fuhrmann, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 14 September 2017 (Case R 2433/2016-1) relating to opposition proceedings between TecAlliance and Siemens
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders TecAlliance GmbH to pay the costs.
(*)
Language of the case: German.
* * *