CELEX: C2006/086/46
Language: en
Date: 2006-04-08 00:00:00
Title: Case T-202/03: Judgment of the Court of First Instance of  7 February 2006  — Alecansan v OHIM (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)

8.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 86/24
            
         Judgment of the Court of First Instance of 7 February 2006 — Alecansan v OHIM
   (Case T-202/03) (1)
   
   (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:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the applicant to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs);
            
         
               3.
            
            
               Orders the intervener to pay its own costs.
            
         
      (1)  OJ C 184, 2.8.2003.