# C_2005171EN.01002502.xml

| 9.7.2005 | EN | Official Journal of the European Union | C 171/25 |
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9.7.2005

EN

Official Journal of the European Union

C 171/25

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Action brought on 22 April 2005 by Trek Bicycle Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-158/05)

(2005/C 171/42)

Language of the application: German

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 22 April 2005 by Trek Bicycle Corporation, Waterloo, Wisconsin (United States of America), represented by J. Kroher and A. Hettenkofer, lawyers.

The other party before the Board of Appeal was AUDI AG, Ingolstadt (Germany).

The applicant claims that the Court should:

| — | set aside the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Decision R 587/2004-4); |
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set aside the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Decision R 587/2004-4);

| — | set aside Decision No 1716/2004 of the Opposition Division of 26 May 2004 on Opposition No B 435828 in so far as the opposition concerning the goods ‘vehicles and parts therefor’ was rejected; |
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set aside Decision No 1716/2004 of the Opposition Division of 26 May 2004 on Opposition No B 435828 in so far as the opposition concerning the goods ‘vehicles and parts therefor’ was rejected;

| — | refuse registration of Community trade mark No 1910256 ‘ALLTREK’ concerning the goods ‘vehicles and parts therefor’; |
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refuse registration of Community trade mark No 1910256 ‘ALLTREK’ concerning the goods ‘vehicles and parts therefor’;

| — | order OHIM to pay the costs of the proceedings. |
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order OHIM to pay the costs of the proceedings.

Pleas in law and main arguments

| Applicant for Community trade mark: | AUDI AG. |
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| Community trade mark sought: | The word mark ‘ALLTREK’ for goods and services in Classes 9, 12 and 42 (Registration No 1910256). |
| Proprietor of mark or sign cited in the opposition proceedings: | The applicant. |
| Mark or sign cited in opposition: | The German word mark ‘TREK’ for goods in Classes 6, 9, 11, 12 and 21 (No 2 092 896). |
| Decision of the Opposition Division: | Partial rejection of the opposition (as regards Class 12). |
| Decision of the Board of Appeal: | Dismissal of the appeal. |
| Pleas in law: | Misapplication of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark. There is a likelihood of confusion between the two opposing marks, since they are extremely similar and the older mark has special distinctive character. |

Applicant for Community trade mark:

AUDI AG.

Community trade mark sought:

The word mark ‘ALLTREK’ for goods and services in Classes 9, 12 and 42 (Registration No 1910256).

Proprietor of mark or sign cited in the opposition proceedings:

The applicant.

Mark or sign cited in opposition:

The German word mark ‘TREK’ for goods in Classes 6, 9, 11, 12 and 21 (No 2 092 896).

Decision of the Opposition Division:

Partial rejection of the opposition (as regards Class 12).

Decision of the Board of Appeal:

Dismissal of the appeal.

Pleas in law:

Misapplication of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark. There is a likelihood of confusion between the two opposing marks, since they are extremely similar and the older mark has special distinctive character.

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