Case T-31/04: Action brought on 28 January 2004 by Eurodrive Services and Distribution N.V. against the Office for Harmonisation in the Internal Market (OHIM)
Date: 2004-07-24
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), provision of services, sporting event, trade mark, trade-mark law, vehicle

C 190/16

EN

Official Journal of the European Union

24.7.2004

Action brought on 28 January 2004 by Eurodrive Services
and Distribution N.V. against the Office for Harmonisation
in the Internal Market (OHIM)

Decision of Opposition
Division:

services

Upheld for opposition in respect
in Class 39 and
of
in respect of
dismissal
services in Class 41

thereof

(Case T-31/04)

(2004/C 190/26)

Decision of Board of
Appeal:

Dismissal of the appeal

(Language of the case: Spanish)

Pleas in law:

implementation

Incorrect
of
Article 8(1)(b) of Regulation (EC)
No 40/94 and infringement of
Article 73 thereof

An action against the Office for Harmonisation in the Internal
Market (OHIM) was brought before the Court of First Instance
of the European Communities on 28 January 2004 by Euro-
drive Services and Distribution N.V., established in Amsterdam
(Netherlands), represented by E. Armijo Chávarri and A. Castán
Pérez-Gómez, letrados en ejercicio.

The applicant claims that the Court should:

— Annul the OHMI decision (First Board of Appeal) of 12
November 2003 in joined cases R 419/2001-1 and R
530/2001-1;

— Order OHIM to pay the costs.

Pleas in law and main arguments:

Applicant for the Com-
munity trade mark:

Jesús Gómez Frías

Community trade mark
applied for:

728.295

Figurative mark 'EUROMASTER' –
Application No
for
services in Classes 39 (transport
and storage of vehicles and acces-
sories therefor) and 41 (organisa-
tion of sports competitions)

of

Proprietor
the
opposing trade mark or
sign:

The applicant

Opposing trade mark or
sign:

Word marks
'EUROMASTER':
Spanish
(Nos
and
1.613.599
(No
1.613.600),
French
1.624.667), Austrian (172.243),
Benelux (No 495.020), Danish (No
VR 08 0221991), Finnish (No
119.689), English (Nos 1.454.805
(No
and
109.184),
Irish (No B 146.109),
Italian (No 608.701), Portuguese
(Nos 270.847 and 270.848) and
Swedish (No 245.822) for goods
and services in Classes 12, 16 and
37

1.455.074),

Greek

Action brought on 8 April 2004 by GfK Aktiengesellschaft
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(Case T-135/04)

(2004/C 190/27)

(Language of the case to be determined pursuant to Article 131(2) of
the Rules of Procedure - language in which the application was
submitted: 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 8
April 2004 by GfK Aktiengesellschaft, Nuremberg (Germany),
represented by U. Brückmann and R. Lange, lawyers.

BUS-Betreuungs- und Unternehmensberatungs-GmbH, Munich
(Germany) was also a party to the proceedings before the
Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 4 February 2004 (Case R 327/2003-
1);

— reject the opposition of the intervener of 6 October 2000
founded on the German word and figurative mark ‘BUS
Betreuungsverbund für Unternehmer und Selbständige e.V.’
(Registration No: DE 1 127 415);

— order the Office to bear the costs.