Case T-158/05: Action brought on 22 April 2005 by Trek Bicycle Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), motor vehicle, trade-mark law

9.7.2005

EN

Official Journal of the European Union

C 171/25

Action brought on 25 April 2005 by Deutsche Telekom
AG against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Decision of
of Appeal:

the Board

Appeal dismissed.

(Case T-157/05)

(2005/C 171/41)

Pleas in law:

the Board of
The decision of
Appeal
the final half-
infringes
sentence of Article 8(1)(b) of
Council Regulation (EC) No 40/94
of 20 December 1993 on the
Community
there
being no likelihood of confusion
being
between
compared.

trade mark,

marks

the

(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 25
April 2005 by Deutsche Telekom AG, established in Bonn
(Germany), represented by J.-C. Gaedertz, lawyer.

PCS Systemtechnik GmbH, established in 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 Second Board of Appeal of the
Office for Harmonisation in the Internal Market of 9
February 2005 in appeal proceedings R 248/2004-2;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

The applicant

Community trade mark
concerned:

Word mark ‘T-PCS’ for goods and
services in Classes 9, 16, 36, 38,
41
(application
42
no 1077304).

and

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).

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Mark or sign cited in
opposition:

PCS Systemtechnik GmbH

The applicant claims that the Court should:

Word mark ‘PCS’ for goods and
services in Classes 9, 37 and 42
(Community
mark
No 628149).

trade

— 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 Divi-
sion of 26 May 2004 on Opposition No B 435828 in so
far as the opposition concerning the goods ‘vehicles and
parts therefor’ was rejected;

Decision of the Opposi-
tion Division:

Opposition allowed and applica-
tion no 1077304 refused.

C 171/26

EN

Official Journal of the European Union

9.7.2005

— refuse registration of Community trade mark No 1910256
and parts

concerning the goods

‘vehicles

‘ALLTREK’
therefor’;

Action brought on 22 April 2005 by unipor-Ziegel
Marketing GmbH against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

— order OHIM to pay the costs of the proceedings.

Pleas in law and main arguments

(Case T-159/05)

(2005/C 171/43)

(Language of the application: German)

Applicant
munity trade mark:

for

Com-

AUDI AG.

Community trade mark
sought:

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

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 unipor-Ziegel Marketing GmbH, Munich
(Germany),
represented by A. Beschorner and B. Glaser,
lawyers.

The other party before the Board of Appeal was Ewald Dörken
AG, Herdecke (Germany).

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

The applicant.

The applicant claims that the Court should:

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).

— set aside the decision of 18 February 2005 of the Second
Board of Appeal of the Office for Harmonisation in the
Internal Market — R 491/04-2-DELTA;

— order the Office for Harmonisation to pay the costs.

Decision of the Opposi-
tion Division:

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

Pleas in law and main arguments

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal.

Registered Community
trade mark in respect of
which a declaration of
invalidity is sought:

The word mark ‘DELTA’ for goods
in Classes 6 and 19 (Community
trade mark No 683458).

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.

Proprietor of the Com-
munity trade mark:

Ewald Dörken AG.

Applicant for a declara-
tion of invalidity of the
Community trade mark:

The applicant.

Decision of the Cancel-
lation Division:

Rejection of the application for a
declaration of invalidity.

Decision of
of Appeal:

the Board

Dismissal of the appeal.