Source: EURLEX
Language: en
Format: md

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| 28.1.2006 | EN | Official Journal of the European Union | C 22/12 |

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Judgment of the Court of First Instance of 24 November 2005 — GfK AG v OHIM

(Case T-135/04)[(1)](#ntr1-C_2006022EN.01001202-E0001)

(Community trade mark - Application for the Community word mark Online Bus - Earlier figurative trade mark composed of the word ‘BUS’ and a figure made up of three interlaced triangles - Genuine use of the earlier mark - Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC) No 40/94 - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94)

(2006/C 22/24)

Language of the case: German

Parties

Applicant(s): GfK AG (Nuremberg, Germany) (represented by: U. Brückmann and R. Lange, lawyers)

Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: T. Lorenzo Eichenberg, Agent)

Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: BUS — Betreuungs- und Unternehmensberatungs GmbH, (Munich, Germany)

Action

brought against the decision of the First Board of Appeal of OHIM of 4 February 2004 (Case R 327/2003-1), relating to opposition proceedings brought by the owner of a German figurative mark, composed of the word 'BUS' and a figure made up of three interlaced triangles, against the registration of the Community word mark Online Bus for services in Class 35

Operative part of the judgment

The Court:

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| 1. | Dismisses the application; |

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| 2. | Orders the applicant to pay the costs. |

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