CELEX: 62004TJ0031
Language: en
Date: 2006-03-15
Title: Judgment of the Court of First Instance (First Chamber) of 15 March 2006. # Eurodrive Services and Distribution NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark euroMASTER - Earlier national word marks EUROMASTER - No similarity between the goods or services - Partial dismissal of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-31/04.

Judgment of the Court of First Instance (First Chamber) of 15 March 2006 – Eurodrive Services and Distribution v OHIM − Gómez
            Frías (euroMASTER)
      (Case T-31/04)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark euroMASTER – Earlier national word marks EUROMASTER – No similarity between the goods or services – Partial dismissal 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 30, 38, 45)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 12 November 2003 (Cases R 419/2001-1 and R 530/2001-1),
                  relating to opposition proceedings between Jesús Gómez Frías and Eurodrive Services and Distribution NV.
               
            Information relating to the case:
      
               Applicant for the Community trade mark:
            
            
               Mr Jesús Gómez Frías
            
         
               Community trade mark sought:
            
            
               Figurative mark ‘euroMASTER’ – Application No 728.295 for services in Classes 39 and 41)
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Eurodrive Services and Distribution NV
            
         
               Mark or sign cited in opposition:
            
            
               Spanish, French, Austrian, Benelux, Danish, Finnish, English, Greek, Irish, Italian, Portuguese and Swedish word marks ‘EUROMASTER’,
                  for goods and services in Classes 12, 16 and 37
               
            
         
               Decision of the Opposition Division:
            
            
               The opposition was allowed as regards the services in Class 39 and rejected as regards the services in Class 41
            
         
               Decision of the Board of Appeal:
            
            
               Rejection of the appeal brought by the applicant 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  Orders the applicant to pay the costs.