Case T-35/04: Judgment of the Court of First Instance of  15 March 2006  — Athinaiki Oikogenaiki Artopoiia v OHIM ( Community trade mark — Opposition proceedings — Earlier word mark FERRERO — Application for Community figurative trade mark containing the verbal element  FERRÓ  — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 )
Date: 2006-05-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

6.5.2006

EN

Official Journal of the European Union

C 108/19

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 71, 20.3.2004.

Judgment of the Court of First Instance of 15 March 2006
— Athinaiki Oikogenaiki Artopoiia v OHIM

(Case T-35/04) (1)

(‘Community trade mark — Opposition proceedings —
Earlier word mark FERRERO — Application for Community
figurative
element
“FERRÓ” — Relative ground for refusal — Likelihood of
confusion — Article 8(1)(b) of Regulation (EC) No 40/94’)

containing the

trade mark

verbal

Judgment of the Court of First Instance of 15 March 2006
— Eurodrive v OHIM

(Case T-31/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community figurative mark euroMASTER —
Earlier national word marks EUROMASTER — No simi-
larity between the goods or services — Partial dismissal of
the opposition — Article 8(1)(b) of Regulation (EC) No
40/94)

(2006/C 108/32)

Language of the case: Spanish

Parties

Applicant: Eurodrive Services and Distribution NV (Amsterdam,
the Netherlands)
(represented by: E. Chávarri and A. Pérez-
Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market
I. de Medrano
(Trade Marks and Designs)
Caballero, acting as Agent)

(represented by:

Other party to the proceedings before the Board of Appeal of OHIM:
Jesús Gómez Frías (Madrid, Spain)

(2006/C 108/33)

Language of the case: English

Parties:

Applicant: Athinaiki Oikogenaiki Artopoiia AVEE (Pikermi,
Greece) (represented by: C. Chrissanthis, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. Novais Gonçalves,
Agent)

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: Ferrero OHG mbH
(Stadtallendorf, Germany) (represented by: M. Schaeffer, lawyer)

Action

brought against the decision of the First Board of Appeal of
OHIM of 1 December 2003 (Case R 460/2002-1), relating to
opposition proceedings between Athinaiki Oikogeniaki Arto-
poiia AVEE and Ferrero OHG mbH.

Re:

the decision of

Action brought against
the First Board of
Appeal of OHIM of 12 November 2003 (Cases R 419/2001-1
and R 530/2001-1),
relating to opposition proceedings
between Jesús Gómez Frías and Eurodrive Services and Distri-
bution NV

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 190, 24.7.2004.

2. Orders the applicant to pay the costs incurred by the Office for
(Trade Marks and

Internal Market

Harmonisation in the
Designs);

3. Orders the intervener to bear its own costs.

(1) OJ C 94, of 17.4.2004.