12.3.2011
EN
Official Journal of the European Union
C 80/19
Action brought on 27 December 2010 — El Corte Inglés v OHIM — Technisynthese (BTS)
(Case T-592/10)
2011/C 80/37
Language in which the application was lodged: Spanish
Parties
Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: M. E. López Camba and J. L. Rivas Zurdo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal of OHIM: Technisynthese SARL (Saint Pierre Montlimart, France)
Form of order sought
—
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2010 in Case R 1380/2009-1 in its entirety;
—
order the defendant and any interveners to pay all the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: El Corte Inglés, SA.
Community trade mark concerned: Word mark ‘BTS’ for goods in Classes 14, 18, 25 and 28.
Proprietor of the mark or sign cited in the opposition proceedings: Technisynthese SARL.
Mark or sign cited in opposition: National and Community figurative marks containing the word element ‘TBS’ for goods in Classes 18 and 25.
Decision of the Opposition Division: Opposition rejected.
Decision of the Board of Appeal: Decision of the Opposition Division annulled and opposition upheld.
Pleas in law: Failure to demonstrate that the earlier marks have a reputation and have been put to use, and infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the marks at issue.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
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