# C_2004314EN.01002402.xml

| 18.12.2004 | EN | Official Journal of the European Union | C 314/24 |
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18.12.2004

EN

Official Journal of the European Union

C 314/24

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Action brought on 8 October 2004 by Bunker & BKR, S.L. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-423/04)

(2004/C 314/58)

Language of the case: Spanish

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 8 October 2004 by Bunker & BKR, S.L., established in Almansa (Spain), represented by José Enrique Astiz Suárez, lawyer.

The applicant claims that the Court should:

| — | vary the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 June 2004 in Case R 458/2002-4 as regards its findings as to the similarity of the signs and the goods, ordering that the opposition be rejected and the application granted in respect of all the goods for which protection is sought; and |
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vary the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 June 2004 in Case R 458/2002-4 as regards its findings as to the similarity of the signs and the goods, ordering that the opposition be rejected and the application granted in respect of all the goods for which protection is sought; and

| — | in the alternative, annul the decision and refer the case back to the opposition division in order that a new and accurate comparison of the remaining signs may be carried out, regard being had to the visual and phonetic differences between ‘BOOTS & SHOES B.K.R. MADE IN SPAIN’ and ‘BK RODS’ and to their compatibility on the market, there being no risk that consumers associate them as regards the origin and quality of the goods which they designate. |
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in the alternative, annul the decision and refer the case back to the opposition division in order that a new and accurate comparison of the remaining signs may be carried out, regard being had to the visual and phonetic differences between ‘BOOTS & SHOES B.K.R. MADE IN SPAIN’ and ‘BK RODS’ and to their compatibility on the market, there being no risk that consumers associate them as regards the origin and quality of the goods which they designate.

Pleas in law and main arguments:

| Applicant for Community trade mark: | CALZADOS BUNKER, S.A. (ownership in the application was subsequently transferred to the applicant). |
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| Community trade mark sought: | Figurative mark comprising the initials ‘BKR’ set in a diamond shape, with the words ‘Boots & Shoes — Made in Spain’ — Application No 649.756 for goods in classes 18 and 25 and services in class 39. |
| Proprietor of mark or sign cited in the opposition proceedings: | MARINE STOCK LIMITED. |
| Mark or sign cited in opposition: | Various national trade marks, including the Austrian word mark ‘BK RODS’ (No 149.254) for goods in class 25 (clothing and footwear). The opposition was directed against all the goods and services covered by the Community trade-mark application at issue in the proceedings. |
| Decision of the Opposition Division: | Opposition upheld in respect of the goods in class 25 and rejected in respect of goods in class 18 and services in class 39. |
| Decision of the Board of Appeal: | Dismissed the appeal. |

Applicant for Community trade mark:

CALZADOS BUNKER, S.A. (ownership in the application was subsequently transferred to the applicant).

Community trade mark sought:

Figurative mark comprising the initials ‘BKR’ set in a diamond shape, with the words ‘Boots & Shoes — Made in Spain’ — Application No 649.756 for goods in classes 18 and 25 and services in class 39.

Proprietor of mark or sign cited in the opposition proceedings:

MARINE STOCK LIMITED.

Mark or sign cited in opposition:

Various national trade marks, including the Austrian word mark ‘BK RODS’ (No 149.254) for goods in class 25 (clothing and footwear). The opposition was directed against all the goods and services covered by the Community trade-mark application at issue in the proceedings.

Decision of the Opposition Division:

Opposition upheld in respect of the goods in class 25 and rejected in respect of goods in class 18 and services in class 39.

Decision of the Board of Appeal:

Dismissed the appeal.

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