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Case T-143/10: Action brought on 30 March 2010 — Ben Ri Electrónica v OHIM — Sacopa (LT LIGHT-THECNO)
ECLI:EU:UNKNOWN:62010TN0143
62010TN0143
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22.5.2010
Official Journal of the European Union
C 134/48
(Case T-143/10)
2010/C 134/78
Language in which the application was lodged: Spanish
Parties
Applicant: Ben Ri Electrónica SA (Madrid, Spain) (represented by: A. Alejos Cutuli, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Sacopa SAU (Sant Jaume de Llierca (Girona), Spain)
Form of order sought
—annul the decision of the Fourth Board of Appeal of OHIM and reject Community mark No 4 520 193;
—order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Sacopa SAU
Community trade mark concerned: Figurative mark which contains the word element ‘LT’ (Application No 4 520 193) for goods in Classes 7, 9 and 11.
Proprietor of the mark or sign cited in the opposition proceedings: The Applicant.
Mark or sign cited in opposition: Community figurative mark (No 13 375) and Spanish figurative marks (Nos 1 719 729 and 1 719 730) composed of the juxtaposition of and ‘L’ and a ‘T’ superimposed on a circle for goods in Classes 9 and 11.
Decision of the Opposition Division: Partial rejection of the opposition.
Decision of the Board of Appeal: Annulment of the contested decision and rejection of the opposition.
Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.