CELEX: 62004TJ0031
Community trade mark
Opposition proceedings
Application for the Community figurative mark euroMASTER
Earlier national word marks EUROMASTER
No similarity between the goods or services
Partial dismissal of the opposition
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 12 November 2003 (Cases R 419/2001-1 and R 530/2001-1),
relating to opposition proceedings between Jesús Gómez Frías and Eurodrive Services and Distribution NV.
Information relating to the case:
Applicant for the Community trade mark:
Mr Jesús Gómez Frías
Community trade mark sought:
Figurative mark ‘euroMASTER’ – Application No 728.295 for services in Classes 39 and 41)
Proprietor of the mark or sign cited in the opposition proceedings:
Eurodrive Services and Distribution NV
Mark or sign cited in opposition:
Spanish, French, Austrian, Benelux, Danish, Finnish, English, Greek, Irish, Italian, Portuguese and Swedish word marks ‘EUROMASTER’,
for goods and services in Classes 12, 16 and 37
Decision of the Opposition Division:
The opposition was allowed as regards the services in Class 39 and rejected as regards the services in Class 41
Decision of the Board of Appeal:
Rejection of the appeal brought by the applicant
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the applicant to pay the costs.