(Case T-336/09)

Community trade mark – Opposition proceedings – Application for Community word mark Topcom – Earlier Community and Benelux word marks TOPCOM – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – 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 25-26, 42)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 June 2009 (Case R 1500/2008-2), concerning opposition proceedings between Topcom Europe NV and Häfele GmbH & Co. KG.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark Topcom for goods in Classes 7, 9 and 11 – Application No 5032149

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

Topcom Europe NV

Mark or sign cited in opposition:

Community and Benelux trade mark registration of the word mark TOPCOM for goods in Class 9

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal upheld, opposition allowed and decision of the Opposition Division annulled

Operative part

The Court:

1.Dismisses the action;

2.Orders Häfele GmbH & Co. KG to pay the costs, including the costs necessarily incurred by Topcom Europe NV for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).