Community trade mark Opposition proceedings Relative ground for refusal No likelihood of confusion Application for the Community word mark ALLTREK Earlier national word mark TREK No similarity of goods Article 8(1)(b) of Regulation (EC) No 40/04
Sumário
Judgment of the Court of First Instance (Third Chamber) of 16 May 2007.
Trek Bicycle Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark ALLTREK - Earlier national word mark TREK - Relative ground for refusal - No likelihood of confusion - No similarity of goods - Article 8(1)(b) of Regulation (EC) No 40/04.
Case T-158/05.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 16 May 2007 – Trek Bicycle v OHIM – Audi (ALLTREK)
(Case T-158/05)
Community trade mark – Opposition proceedings – Application for the Community word mark ALLTREK – Earlier national word mark TREK – Relative ground for refusal – No likelihood of confusion – No similarity of goods – Article 8(1)(b) of Regulation (EC) No 49/04
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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 83-84)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2005 (Case R 587/2004-4) relating to Opposition Proceedings between Trek Bicycle Corp. and Audi AG. |
Information relation to the case
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Applicant for the Community trade mark: |
Audi AG |
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Community trade mark sought: |
Word mark ALLTREK for goods in Classes 9, 12 and 42 – Application No 1910256 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Trek Bicycle Corp. |
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Mark or sign cited in opposition: |
German Word mark TREK for goods in Classes 6, 9, 11, 12 and 21 – Application No 2092896 |
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Decision of the Opposition Division: |
Opposition dismissed in part |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
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Dismisses the action; |
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Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |
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Orders the intervener to bear its own costs. |