Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 30 November 2006 – Camper v OHIM – JC (BROTHERS by CAMPER)**

**(Case T-43/05)**

Community trade mark – Opposition proceedings – Application for Community figurative trade mark BROTHERS by CAMPER – Earlier national figurative trade marks BROTHERS – Inadmissibility – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 40/94

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 86-88, 91)

**Re:**

|  |
| --- |
| ACTION brought against the decision of the First Board of Appeal of OHIM of 29 November 2004 (Case R 170/2004-1), relating to opposition proceedings between JC AB and Camper SL. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Camper, SL |
| Community trade mark sought: | Figurative mark BROTHERS by CAMPER, for goods and services in Classes 18, 25 and 39 – Application No 1954601 |
| Proprietor of the mark or sign cited in the opposition proceedings: | JC AB |
| Mark or sign cited in opposition: | Swedish, Finnish and Danish figurative mark BROTHERS for goods in Class 25 |
| Decision of the Opposition Division: | Rejection of the opposition in so far as based on the earlier Swedish mark; opposition allowed for some of the products in dispute in so far as based on the Danish and Finnish marks |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

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| --- | --- | --- |
|  |  | Orders the applicant to bear its own costs and to pay those 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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