Judgment of the Court of First Instance (Third Chamber) of 30 November 2006 – Camper v OHIM – JC (BROTHERS by CAMPER)
(Case T-43/05)
Community trade mark – Opposition proceedings – Application for Community figurative trade mark BROTHERS by CAMPER – Earlier national figurative trade marks BROTHERS – Inadmissibility – Relative ground for refusal – 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 86-88, 91)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 29 November 2004 (Case R 170/2004-1), relating to opposition proceedings between JC AB and Camper SL. |
Information relating to the case
Applicant for the Community trade mark: | Camper, SL |
Community trade mark sought: | Figurative mark BROTHERS by CAMPER, for goods and services in Classes 18, 25 and 39 – Application No 1954601 |
Proprietor of the mark or sign cited in the opposition proceedings: | JC AB |
Mark or sign cited in opposition: | Swedish, Finnish and Danish figurative mark BROTHERS for goods in Class 25 |
Decision of the Opposition Division: | Rejection of the opposition in so far as based on the earlier Swedish mark; opposition allowed for some of the products in dispute in so far as based on the Danish and Finnish marks |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders the applicant to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |
3. |
| Orders the intervener to bear its own costs. |