(Case T-74/10)

Community trade mark – Opposition proceedings – Application for Community word mark FLACO – Earlier national word mark FLACO – Relative ground for refusal – Identical goods – Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 – Request for proof of genuine use of the earlier mark submitted for the first time before the Board of Appeal – Article 42(2) and (3) of Regulation No 207/2009 and Rule 22 of Regulation (EC) No 2868/95

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 November 2009 (Case R 86/2009-2) concerning opposition proceedings between Mr Jesús Delgado Sánchez and Flaco Geräte GmbH.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark FLACO for goods in Classes 7 to 9 and 11 – Application No 4108502

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

Jesús Delgado Sánchez

Mark or sign cited in opposition:

Spanish trade mark registration of the mark FLACO for goods in Class 7

Decision of the Opposition Division:

Application for Community trade mark dismissed in part

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Flaco-Geräte GmbH to pay the costs.