CELEX: 62005TJ0043
Community trade mark
Opposition proceedings
Application for Community figurative trade mark BROTHERS by CAMPER
Earlier national figurative trade marks BROTHERS
Inadmissibility
Relative ground for refusal
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 November 2004 (Case R 170/2004-1), relating
to opposition proceedings between JC AB and Camper SL.
Information relating to the case
Applicant for the Community trade mark:
Camper, SL
Community trade mark sought:
Figurative mark BROTHERS by CAMPER, for goods and services in Classes 18, 25 and 39 – Application No 1954601
Proprietor of the mark or sign cited in the opposition proceedings:
JC AB
Mark or sign cited in opposition:
Swedish, Finnish and Danish figurative mark BROTHERS for goods in Class 25
Decision of the Opposition Division:
Rejection of the opposition in so far as based on the earlier Swedish mark; opposition allowed for some of the products in
dispute in so far as based on the Danish and Finnish marks
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

Dismisses the action;

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

Orders the intervener to bear its own costs.