Source: EURLEX
Language: en
Format: md

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| 8.4.2006 | EN | Official Journal of the European Union | C 86/24 |

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Judgment of the Court of First Instance of 7 February 2006 — Alecansan v OHIM

(Case T-202/03)[(1)](#ntr1-C_2006086EN.01002401-E0001)

(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark COMP USA - Earlier national figurative mark COMP USA - Lack of similarity of the goods and services - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 86/46)

Language of the case: English

Parties

Applicant: Alecansan, SL (Madrid, Spain) (represented by: M. Baylos Morales, P. Merino Baylos, J. Arribas García, A. Velázquez Ibáñez and A. Angulo Lafora, lawyers)

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

Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: CompUSA Management Co. (Dallas, United States) (represented by: P. Brownlow, Solicitor)

Action

brought against the decision of the First Board of Appeal of OHIM of 24 March 2003 (Case R 711/2002-1) relating to the opposition proceedings between Alecansan, SL, and CompUSA Management Co.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |

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| 3. | Orders the intervener to pay its own costs. |

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