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Document 62004TJ0031
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.
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.
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.
Izvješća Suda EU-a 2006 II-00027*
ECLI identifier: ECLI:EU:T:2006:81
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. |