Case T-3/04: Judgment of the Court of First Instance of  24 November 2005  — Simonds Farsons Cisk v OHIM (Community trade mark — Opposition procedure — Application for registration of a Community figurative mark containing the verbal element  KINJI by SPA  — Earlier Community word mark KINNIE — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Article 73 of Regulation No 40/94)
Date: 2006-01-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage, trade-mark law

C 22/12

EN

Official Journal of the European Union

28.1.2006

Judgment of the Court of First Instance of 24 November
2005 — Simonds Farsons Cisk v OHIM

Judgment of the Court of First Instance of 24 November
2005 — GfK AG v OHIM

(Case T-3/04) (1)

(Case T-135/04) (1)

(Community trade mark — Opposition procedure — Appli-
cation for registration of a Community figurative mark
containing the verbal element ‘KINJI by SPA’ — Earlier
Community word mark KINNIE — Likelihood of confusion
— Article 8(1)(b) of Regulation (EC) No 40/94 — Article 73
of Regulation No 40/94)

(Community trade mark — Application for the Community
word mark Online Bus — Earlier figurative trade mark
composed of the word ‘BUS’ and a figure made up of three
interlaced triangles — Genuine use of the earlier mark —
Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC)
No 40/94 — Likelihood of confusion — Article 8(1)(b) of
Regulation No 40/94)

(2006/C 22/23)

Language of the case: English

(2006/C 22/24)

Language of the case: German

Parties

Parties

Applicant(s): Simonds Farsons Cisk plc (Mrieħel, Malta) (repre-
sented by: M. Bagnall,
I. Wood, Solicitor, and R. Hacon,
Barrister)

Applicant(s): GfK AG (Nuremberg, Germany) (represented by: U.
Brückmann and R. Lange, lawyers)

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: A. Folliard-
Monguiral, Agent)

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: T. Lorenzo Eichen-
berg, Agent)

Other party or parties to the proceedings before the Board of Appeal
of OHIM, intervening before the Court of First Instance: Spa Mono-
pole, compagnie fermière de Spa SA/NV (Spa, Belgium) (repre-
sented by: L. de Brouwer, E. Cornu, É. De Gryse and D.
Moreau, lawyers)

Other party or parties to the proceedings before the Board of Appeal
of OHIM intervening before the Court of First Instance: BUS —
(Munich,
Betreuungs- und Unternehmensberatungs GmbH,
Germany)

Action

Application for

the First Board of
Action brought against
Appeal of OHIM of 4 November 2003 (Case R 996/2002-1)
concerning opposition proceedings between Simonds Farsons
Cisk plc and Spa Monopole, compagnie fermière de Spa SA/NV

the decision of

brought against the decision of the First Board of Appeal of
OHIM of 4 February 2004 (Case R 327/2003-1), relating to
opposition proceedings brought by the owner of a German
figurative mark, composed of the word 'BUS' and a figure made
up of three interlaced triangles, against the registration of the
Community word mark Online Bus for services in Class 35

Operative part of the judgment

Operative part of the judgment

The Court:

1. Dismisses the action;

The Court:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

2. Orders the applicant to pay the costs.

(1) OJ C 59, 6.3.2004.

(1) OJ C 190, 24.7.2004.