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Case T-132/09: Judgment of the General Court of 15 December 2010 — Epcos v OHIM — Epco Sistemas (EPCOS) (Community trade mark — Opposition proceedings — Application for Community figurative mark EPCOS — Earlier national figurative mark epco SISTEMAS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Genuine use of earlier mark — Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62009TA0132
62009TA0132
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Official Journal of the European Union
C 38/12
(Case T-132/09) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community figurative mark EPCOS - Earlier national figurative mark epco SISTEMAS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of earlier mark - Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009)
2011/C 38/18
Language of the case: German
Parties
Applicant: Epcos AG (Munich, Germany) (represented by: L. von Zumbusch and S. Schweyer, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Epco Sistemas SL (Constanti, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 19 January 2009 (Case R 1088/2008-2) relating to opposition proceedings between Epco Sistemas SL and Epcos AG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Epcos AG to pay the costs.
(<span class="super">1</span>) OJ C 129, 6.6.2009.