CELEX: 62005TJ0158
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

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.