Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 15 March 2006 – Eurodrive Services and Distribution v OHIM − Gómez
Frías (euroMASTER)**

**(Case T-31/04)**

Community trade mark – Opposition proceedings – Application for the Community figurative mark euroMASTER – Earlier national word marks EUROMASTER – No similarity between the goods or services – Partial dismissal of the opposition – 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 30, 38, 45)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 12 November 2003 (Cases R 419/2001-1 and R 530/2001-1), relating to opposition proceedings between Jesús Gómez Frías and Eurodrive Services and Distribution NV. |

Information relating to the case:

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Mr Jesús Gómez Frías |
| Community trade mark sought: | Figurative mark ‘euroMASTER’ – Application No 728.295 for services in Classes 39 and 41) |
| Proprietor of the mark or sign cited in the opposition proceedings: | Eurodrive Services and Distribution NV |
| Mark or sign cited in opposition: | Spanish, French, Austrian, Benelux, Danish, Finnish, English, Greek, Irish, Italian, Portuguese and Swedish word marks ‘EUROMASTER’, for goods and services in Classes 12, 16 and 37 |
| Decision of the Opposition Division: | The opposition was allowed as regards the services in Class 39 and rejected as regards the services in Class 41 |
| Decision of the Board of Appeal: | Rejection of the appeal brought by the applicant |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

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

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