Source: EURLEX
Language: en
Format: md

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| 7.7.2007 | EN | Official Journal of the European Union | C 155/22 |

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Judgment of the Court of First Instance of 16 May 2007 — Trek Bicycle v OHIM — Audi (ALLTREK)

(Case T-158/05)[(1)](#ntr1-C_2007155EN.01002201-E0001)

(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 40/04)

(2007/C 155/42)

Language of the case: German

Parties

Applicant: Trek Bicycle Corp. (Waterloo, Wisconsin, United States) (represented by: J. Kroher and A. Hettenkofer, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, B. Müller, subsequently, G. Schneider, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Audi AG (Ingolstadt, Germany) (represented by: L. von Zumbusch and M. Groebl, lawyers)

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.

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 the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |

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| 3. | Orders the intervener to bear its costs. |

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