CELEX: 62003TJ0202
Language: en
Date: 2006-02-07 00:00:00
Title: Judgment of the Court of First Instance (First Chamber) of 7 February 2006. # Alecansan, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (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. # Case T-202/03.

Judgment of the Court of First Instance (First Chamber) of 7 February 2006 − Alecansan v OHIM
      (Case T-202/03)
      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
      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 49, 51)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 24 March 2003 (Case R 711/2002-1) relating to
                  opposition proceedings between Alecansan, SL, and CompUSA Management Co.
               
            Information relating to the case:
      
      
               Applicant for the Community trade mark:
            
            
               CompUSA Management Co.
            
         
               Community trade mark sought:
            
            
               Figurative mark ‘COMP USA’ – Application No 2.133.202 for goods in Classes 9 and 37 (computer hardware and software)
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Alecansan, SL
            
         
               Mark or sign cited in the opposition proceedings:
            
            
               English figurative mark ‘COMP USA’, for goods in Class 39 (transport)
            
         
               Decision of the Opposition Division:
            
            
               Dismissal of the opposition
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal
            
         
      Operative part
      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.