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. |