Community trade mark Opposition proceedings Relative ground for refusal Inadmissibility Article 8(1)(b) of Regulation (EC) No 40/94 Application for Community figurative trade mark BROTHERS by CAMPER Earlier national figurative trade marks BROTHERS
Sumário
Judgment of the Court of First Instance (Third Chamber) of 30 November 2006.
Camper, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative trade mark BROTHERS by CAMPER - Earlier national figurative trade marks BROTHERS - Inadmissibility - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-43/05.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 30 November 2006 – Camper v OHIM – JC (BROTHERS by CAMPER)
(Case T-43/05)
Community trade mark – Opposition proceedings – Application for Community figurative trade mark BROTHERS by CAMPER – Earlier national figurative trade marks BROTHERS – Inadmissibility – Relative ground for refusal – 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 86-88, 91)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 29 November 2004 (Case R 170/2004-1), relating to opposition proceedings between JC AB and Camper SL. |
Information relating to the case
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Applicant for the Community trade mark: |
Camper, SL |
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Community trade mark sought: |
Figurative mark BROTHERS by CAMPER, for goods and services in Classes 18, 25 and 39 – Application No 1954601 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
JC AB |
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Mark or sign cited in opposition: |
Swedish, Finnish and Danish figurative mark BROTHERS for goods in Class 25 |
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Decision of the Opposition Division: |
Rejection of the opposition in so far as based on the earlier Swedish mark; opposition allowed for some of the products in dispute in so far as based on the Danish and Finnish marks |
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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 bear its own costs and to pay those 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. |