Community trade mark Opposition proceedings Article 8(1)(b) of Regulation (EC) No 40/94 Application for the Community figurative mark euroMASTER Earlier national word marks EUROMASTER No similarity between the goods or services Partial dismissal of the opposition
Sumário
Judgment of the Court of First Instance (First Chamber) of 15 March 2006.
Eurodrive Services and Distribution NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community figurative mark euroMASTER - Earlier national word marks EUROMASTER - No similarity between the goods or services - Partial dismissal of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-31/04.
Texto da decisão
Judgment of the Court of First Instance (First Chamber) of 15 March 2006 – Eurodrive Services and Distribution v OHIM − Gómez Frías (euroMASTER)
(Case T-31/04)
Community trade mark – Opposition proceedings – Application for the Community figurative mark euroMASTER – Earlier national word marks EUROMASTER – No similarity between the goods or services – Partial dismissal 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 30, 38, 45)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 12 November 2003 (Cases R 419/2001-1 and R 530/2001-1), relating to opposition proceedings between Jesús Gómez Frías and Eurodrive Services and Distribution NV. |
Information relating to the case:
|
Applicant for the Community trade mark: |
Mr Jesús Gómez Frías |
|
Community trade mark sought: |
Figurative mark ‘euroMASTER’ – Application No 728.295 for services in Classes 39 and 41) |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Eurodrive Services and Distribution NV |
|
Mark or sign cited in opposition: |
Spanish, French, Austrian, Benelux, Danish, Finnish, English, Greek, Irish, Italian, Portuguese and Swedish word marks ‘EUROMASTER’, for goods and services in Classes 12, 16 and 37 |
|
Decision of the Opposition Division: |
The opposition was allowed as regards the services in Class 39 and rejected as regards the services in Class 41 |
|
Decision of the Board of Appeal: |
Rejection of the appeal brought by the applicant |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders the applicant to pay the costs. |