CELEX: 62005TJ0239
Community trade mark
Opposition proceedings
Opposition period
Transmission by telecopier
Admissibility
Clear indentification of the earlier trade mark
Rule 18(1) of Regulation (EC) No 2868/95

THIRTEEN ACTIONS brought against the decisions of the First Board of Appeal of OHIM of 19 April 2005 (R 727/2004-1, R 729/2004-1,
R 723/2004-1, R 730/2004-1 and R 724/2004-1), of 27 April 2005 (R 722/2004-1) and of 3 May 2005 (R 788/2004-1, R 789/2004-1,
R 790/2004-1, R 791/2004-1, R 792/2004-1, R 793/2004-1 and R 794/2004-1), relating to opposition proceedings between Atlas
Copco AB and The Black & Decker Corporation.
Information relating to the cases
Applicant for the Community trade mark:
The Black & Decker Corporation
Community trade mark sought:
Figurative marks coloured yellow and black representing electric tools; three-dimensional representations of two electric
tools in yellow and black and one representation of the juxtaposition of the two colours yellow and black, for products in
Class 7
Proprietor of the mark or sign cited in the opposition proceedings:
Atlas Copco AB
Mark or sign cited in opposition :
Unregistered marks and signs, commercially used in all Member States to designate electric tools
Decision of the Opposition Division:
Oppositions dismissed as inadmissible
Decision of the Board of Appeal:
Annulment of the contested decisions and matters referred back to the Opposition Division for further consideration
Operative part
The Court:

Dismisses the actions;

Orders the applicant to pay the costs.