CELEX: 62003TJ0317
Community trade mark
Opposition proceedings
Application for Community word mark Variant
Earlier national word mark DERBIVARIANT
Refusal of registration by the Board of Appeal
Likelihood of confusion
Articles 74(1) and 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 17 June 2003 (Case R 610/2001-4) relating to
opposition proceedings between Nacional Motor, SA and Volkswagen AG
Information relating to the case
:
Applicant for the Community trade mark:
Volkswagen AG
Community trade mark sought:
Word mark ‘VARIANT’, Application to register No 861112, for goods in Classes 7, 12 and 37 (including motors, including their
parts, vehicles and repairs)
Proprietor of the mark or sign cited in the opposition proceedings:
Nacional Motor SA
Mark or sign cited in the opposition proceedings:
Spanish word marks ‘DERBIVARIANT’ ‘DERBI VARIANT’ and ‘VARIANTDERBI’ for goods in Class 12 (including vehicules)
Decision of the Opposition Division:
Rejection of the opposition
Decision of the Board of Appeal:
Annulment of the decision of the Opposition Division and dismissal of the application for registration
Operative part
The Court:
1.
Sets aside paragraph 2 of the operative part of the decision of the Fourth Board of Appeal of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM) of 17 June 2003 in so far as it dismisses the application for registration
as a Community trade mark of the word sign Variant for goods and services other than those in Classes 7, 12 and 37;
2.
Dismisses the remainder of the action;
3.
Orders the applicant to pay the costs.