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Judgment of the General Court (Seventh Chamber) of 10 November 2011. # Ben-Ri Electrónica, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark LT LIGHT-THECNO - Earlier Community figurative mark LT - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-143/10.
ECLI:EU:T:2011:652
62010TJ0143
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(Case T-143/10)
Community trade mark – Opposition proceedings – Application for Community figurative mark LT LIGHT-THECNO – Earlier Community figurative mark LT – Relative ground for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009
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 19, 41-43)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 February 2010 (Case R 1625/2008‑4), relating to opposition proceedings between Ben Ri Electrónica, SA and Sacopa, SA.
Operative part
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 February 2010 (Case R 1625/2008-4);
2.Dismisses the action as to the remainder;
3.Orders OHIM to bear its own costs and to pay those incurred by Ben-Ri Electrónica, SA.