Source: EURLEX
Language: en
Format: md

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| 28.4.2007 | EN | Official Journal of the European Union | C 96/24 |

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Order of the Court (Seventh Chamber) of 9 March 2007 — Alecansan SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs), CompUSA Management Co

(Case C-196/06 P)[(1)](#ntr1-C_2007096EN.01002401-E0001)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for registration of a figurative mark - Opposition of the proprietor of an earlier national figurative mark - Likelihood of confusion - None - No similarity between the goods and services covered by the conflicting trade marks)

(2007/C 96/42)

Language of the case: English

Parties

Appellant: Alecansan SL (represented by: P. Merino Baylos and A. Velázquez Ibáñez, abogados)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent), CompUSA Management Co

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) of 7 February 2006 in Case T-202/03 Alecansan v OHIM by which the Court of First Instance dismissed an action brought by the proprietor of the national figurative mark ‘COMP USA ’in respect of goods in Class 39 for annulment of Decision R 711/2002-1 of the First Board of Appeal of OHIM of 24 March 2003 dismissing the appeal against the decision of the Opposition Division rejecting the opposition lodged against the application for registration of the figurative Community trade mark ‘COMP USA ’in respect of goods in Classes 9 and 37 — Similarity between the marks — Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark ([OJ 1994 L 11, p. 1](./../../../legal-content/EN/AUTO/?uri=OJ:L:1994:011:TOC))

Operative part of the order

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| 1. | The appeal is dismissed. |

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| 2. | Alecansan SL shall bear the costs. |

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