CELEX: C2006/022/24
Language: en
Date: 2006-01-28 00:00:00
Title: Case T-135/04: Judgment of the Court of First Instance of  24 November 2005  — GfK AG v OHIM (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)

28.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/12
            
         Judgment of the Court of First Instance of 24 November 2005 — GfK AG v OHIM
   (Case T-135/04) (1)
   
   (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:
   
               1.
            
            
               Dismisses the application;
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 190, 24.7.2004.