7.7.2007 |
EN |
Official Journal of the European Union |
C 155/22 |
Judgment of the Court of First Instance of 16 May 2007 — Trek Bicycle v OHIM — Audi (ALLTREK)
(Case T-158/05) (1)
(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)
(2007/C 155/42)
Language of the case: German
Parties
Applicant: Trek Bicycle Corp. (Waterloo, Wisconsin, United States) (represented by: J. Kroher and A. Hettenkofer, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, B. Müller, subsequently, G. Schneider, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Audi AG (Ingolstadt, Germany) (represented by: L. von Zumbusch and M. Groebl, lawyers)
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.
Operative part of the judgment
The Court:
1. |
Dismisses the action; |
2. |
Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |
3. |
Orders the intervener to bear its costs. |