Community trade mark Opposition proceedings Article 8(1)(b) of Regulation (EC) No 40/94 Lack of similarity of the goods and services Rejection of the opposition Application for the figurative Community trade mark COMP USA Earlier national figurative mark COMP USA
Sumário
Judgment of the Court of First Instance (First Chamber) of 7 February 2006.
Alecansan, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the figurative Community trade mark COMP USA - Earlier national figurative mark COMP USA - Lack of similarity of the goods and services - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-202/03.
Texto da decisão
Judgment of the Court of First Instance (First Chamber) of 7 February 2006 − Alecansan v OHIM
(Case T-202/03)
Community trade mark – Opposition proceedings – Application for the figurative Community trade mark COMP USA – Earlier national figurative mark COMP USA – Lack of similarity of the goods and services – Rejection of the opposition – Article 8(1)(b) of Regulation (EC) No 40/94
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 49, 51)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 24 March 2003 (Case R 711/2002-1) relating to opposition proceedings between Alecansan, SL, and CompUSA Management Co. |
Information relating to the case:
|
Applicant for the Community trade mark: |
CompUSA Management Co. |
|
Community trade mark sought: |
Figurative mark ‘COMP USA’ – Application No 2.133.202 for goods in Classes 9 and 37 (computer hardware and software) |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Alecansan, SL |
|
Mark or sign cited in the opposition proceedings: |
English figurative mark ‘COMP USA’, for goods in Class 39 (transport) |
|
Decision of the Opposition Division: |
Dismissal of the opposition |
|
Decision of the Board of Appeal: |
Dismissal of the appeal |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the applicant to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |
|
3. |
Orders the intervener to pay its own costs. |