Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 16 May 2007 – Trek Bicycle v OHIM – Audi (ALLTREK)**

**(Case T-158/05)**

Community trade mark – Opposition proceedings – Application for the Community word mark ALLTREK – Earlier national word mark TREK – Relative ground for refusal – No likelihood of confusion – No similarity of goods – Article 8(1)(b) of Regulation (EC) No 49/04

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 83-84)

**Re:**

|  |
| --- |
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2005 (Case R 587/2004-4) relating to Opposition Proceedings between Trek Bicycle Corp. and Audi AG. |

**Information relation to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Audi AG |
| Community trade mark sought: | Word mark ALLTREK for goods in Classes 9, 12 and 42 – Application No 1910256 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Trek Bicycle Corp. |
| Mark or sign cited in opposition: | German Word mark TREK for goods in Classes 6, 9, 11, 12 and 21 – Application No 2092896 |
| Decision of the Opposition Division: | Opposition dismissed in part |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |

|  |  |  |
| --- | --- | --- |
|  |  | Orders the intervener to bear its own costs. |

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