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Document C2004/190/27
Case T-135/04: Action brought on 8 April 2004 by GfK Aktiengesellschaft against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Case T-135/04: Action brought on 8 April 2004 by GfK Aktiengesellschaft against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Case T-135/04: Action brought on 8 April 2004 by GfK Aktiengesellschaft against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
SL C 190, 24.7.2004, p. 16–17
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
24.7.2004 |
EN |
Official Journal of the European Union |
C 190/16 |
Action brought on 8 April 2004 by GfK Aktiengesellschaft against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-135/04)
(2004/C 190/27)
Language of the case to be determined pursuant to Article 131(2) of the Rules of Procedure - language in which the application was submitted: German
An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 8 April 2004 by GfK Aktiengesellschaft, Nuremberg (Germany), represented by U. Brückmann and R. Lange, lawyers.
BUS-Betreuungs- und Unternehmensberatungs-GmbH, Munich (Germany) was also a party to the proceedings before the Board of Appeal.
The applicant claims that the Court should:
— |
annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 February 2004 (Case R 327/2003-1); |
— |
reject the opposition of the intervener of 6 October 2000 founded on the German word and figurative mark ‘BUS Betreuungsverbund für Unternehmer und Selbständige e.V.’ (Registration No: DE 1 127 415); |
— |
order the Office to bear the costs. |
Pleas in law and main arguments:
Applicant for Community trade mark: |
The applicant |
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Community trade mark sought: |
The word mark ‘Online Bus’ for services in Class 35 (including drawing up statistics in the field of economics, marketing, market research and market analysis, business consultancy and organisation consultancy) |
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Proprietor of mark or sign cited in the opposition proceedings: |
BUS-Betreuungs- und Unternehmensberatungs-GmbH |
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Mark or sign cited in opposition. |
German figurative mark ‘BUS’ for services in Classes 35, 40, 41 and 42 (including business consultancy, in particular organisation consultancy and economic consultancy) |
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Decision of the Opposition Division: |
Registration refused |
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Decision of the Board of Appeal: |
Dismissal of the applicant's appeal |
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Pleas in law: |
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