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Document 62005TJ0158

    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.

    European Court Reports 2007 II-00049*

    ECLI identifier: ECLI:EU:T:2007:143





    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

    Applicant for the Community trade mark:

    Audi AG

    Community trade mark sought:

    Word mark ALLTREK for goods in Classes 9, 12 and 42 – Application No 1910256

    Proprietor of the mark or sign cited in the opposition proceedings:

    Trek Bicycle Corp.

    Mark or sign cited in opposition:

    German Word mark TREK for goods in Classes 6, 9, 11, 12 and 21 – Application No 2092896

    Decision of the Opposition Division:

    Opposition dismissed in part

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

     

    Dismisses the action;

     

    Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

     

    Orders the intervener to bear its own costs.

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