CELEX: C2005/296/48
Language: en
Date: 2005-11-26 00:00:00
Title: Case T-423/04: Judgment of the Court of First Instance of  5 October 2005  — Bunker & BKR v OHIM (Community trade mark — Opposition — Application for a Community figurative mark containing the verbal element  B.K.R.  — Earlier national word mark BK RODS — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)

26.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 296/22
            
         Judgment of the Court of First Instance of 5 October 2005 — Bunker & BKR v OHIM
   (Case T-423/04) (1)
   
   (Community trade mark - Opposition - Application for a Community figurative mark containing the verbal element ‘B.K.R.’ - Earlier national word mark BK RODS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
   (2005/C 296/48)
   Language of the case: Spanish
   Parties
   
      Applicant(s): Bunker & BKR, SL (Almansa, Spain) (represented by: J. Astiz Suárez, lawyer)
   
      Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent,)
   
      Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Marine Stock Ltd (Tortola, British Virgin Islands, United Kingdom) (represented by: M. de Justo Bailey, lawyer)
   Application for
   annulment of the decision of the Fourth Board of Appeal of OHIM of 30 June 2004 (Case R 0458/2002-4) concerning opposition proceedings between Bunker & BKR, SL and Marine Stock Ltd
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 June 2004 (Case R 0458/2002-4);
            
         
               2.
            
            
               Orders OHIM to bear its own costs and to pay the costs incurred by the applicant;
            
         
               3.
            
            
               Orders the intervener to bear its own costs.
            
         
      (1)  OJ C 314, 18.12.2004.