CELEX: 62005TJ0043
Language: en
Date: 2006-11-30
Title: Judgment of the Court of First Instance (Third Chamber) of 30 November 2006. # Camper, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative trade mark BROTHERS by CAMPER - Earlier national figurative trade marks BROTHERS - Inadmissibility - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-43/05.

Judgment of the Court of First Instance (Third Chamber) of 30 November 2006 – Camper v OHIM – JC (BROTHERS by CAMPER)
      (Case T-43/05)
      Community trade mark – Opposition proceedings – Application for Community figurative trade mark BROTHERS by CAMPER – Earlier national figurative trade marks BROTHERS – Inadmissibility – Relative ground for refusal – 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 86-88, 91)
      
      Re:
      
         ACTION brought against the decision of the First Board of Appeal of OHIM of 29 November 2004 (Case R 170/2004-1), relating
                  to opposition proceedings between JC AB and Camper SL.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Camper, SL
            
         
               Community trade mark sought:
            
            
               Figurative mark BROTHERS by CAMPER, for goods and services in Classes 18, 25 and 39 – Application No 1954601
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               JC AB
            
         
               Mark or sign cited in opposition:
            
            
               Swedish, Finnish and Danish figurative mark BROTHERS for goods in Class 25
            
         
               Decision of the Opposition Division:
            
            
               Rejection of the opposition in so far as based on the earlier Swedish mark; opposition allowed for some of the products in
                  dispute in so far as based on the Danish and Finnish marks
               
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market
                     (Trade Marks and Designs);
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the intervener to bear its own costs.