This document is an excerpt from the EUR-Lex website
Document C2005/296/48
Case T-423/04: Judgment of the Court of First Instance of 5 October 2005 — Bunker & BKR v OHIM (Community trade mark — Opposition — Application for a Community figurative mark containing the verbal element B.K.R. — Earlier national word mark BK RODS — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Case T-423/04: Judgment of the Court of First Instance of 5 October 2005 — Bunker & BKR v OHIM (Community trade mark — Opposition — Application for a Community figurative mark containing the verbal element B.K.R. — Earlier national word mark BK RODS — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Case T-423/04: Judgment of the Court of First Instance of 5 October 2005 — Bunker & BKR v OHIM (Community trade mark — Opposition — Application for a Community figurative mark containing the verbal element B.K.R. — Earlier national word mark BK RODS — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
OJ C 296, 26.11.2005, p. 22–23
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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26.11.2005 |
EN |
Official Journal of the European Union |
C 296/22 |
Judgment of the Court of First Instance of 5 October 2005 — Bunker & BKR v OHIM
(Case T-423/04) (1)
(Community trade mark - Opposition - Application for a Community figurative mark containing the verbal element ‘B.K.R.’ - Earlier national word mark BK RODS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
(2005/C 296/48)
Language of the case: Spanish
Parties
Applicant(s): Bunker & BKR, SL (Almansa, Spain) (represented by: J. Astiz Suárez, lawyer)
Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent,)
Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Marine Stock Ltd (Tortola, British Virgin Islands, United Kingdom) (represented by: M. de Justo Bailey, lawyer)
Application for
annulment of the decision of the Fourth Board of Appeal of OHIM of 30 June 2004 (Case R 0458/2002-4) concerning opposition proceedings between Bunker & BKR, SL and Marine Stock Ltd
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 June 2004 (Case R 0458/2002-4); |
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2. |
Orders OHIM to bear its own costs and to pay the costs incurred by the applicant; |
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3. |
Orders the intervener to bear its own costs. |