CELEX: 62005TJ0158
Language: en
Date: 2007-05-16
Title: Judgment of the Court of First Instance (Third Chamber) of 16 May 2007. # Trek Bicycle Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark ALLTREK - Earlier national word mark TREK - Relative ground for refusal - No likelihood of confusion - No similarity of goods - Article 8(1)(b) of Regulation (EC) No 40/04. # Case T-158/05.

Judgment of the Court of First Instance (Third Chamber) of 16 May 2007 – Trek Bicycle v OHIM – Audi (ALLTREK)
      (Case T-158/05)
      Community trade mark – Opposition proceedings – Application for the Community word mark ALLTREK – Earlier national word mark TREK – Relative ground for refusal – No likelihood of confusion – No similarity of goods – Article 8(1)(b) of Regulation (EC) No 49/04
      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 83-84)
      
      Re: 
      
         ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2005 (Case R 587/2004-4) relating
                  to Opposition Proceedings between Trek Bicycle Corp. and Audi AG.
               
            Information relation to the case
      
               Applicant for the Community trade mark:
            
            
               Audi AG
            
         
               Community trade mark sought:
            
            
               Word mark ALLTREK for goods in Classes 9, 12 and 42 – Application No 1910256
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Trek Bicycle Corp.
            
         
               Mark or sign cited in opposition:
            
            
               German Word mark TREK for goods in Classes 6, 9, 11, 12 and 21 – Application No 2092896
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed in part
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs);
               
            
         
                   
               
               
                  
               
               
                  Orders the intervener to bear its own costs.