Sentencia (Reseña) nº T-31/04 of Tribunal de 1ª Instancia de las Comunidades Europeas, March 15, 2006
Resolution Date | March 15, 2006 |
Issuing Organization | Tribunal de Primera Instancia de las Comunidades Europeas |
Decision Number | T-31/04 |
Sentencia del Tribunal de Primera Instancia (Sala Primera) de 15 de marzo de 2006 — Eurodrive Services and Distribution/OAMI — Gómez Frías (euroMASTER)
(Asunto T‑31/04)
Marca comunitaria — Procedimiento de oposición — Solicitud de marca figurativa comunitaria euroMASTER — Marcas denominativas nacionales anteriores EUROMASTER — Falta de similitud de los productos y servicios — Desestimación parcial de la oposición — Artículo 8, apartado 1, letra b), del Reglamento (CE) nº 40/94
Marca comunitaria — Definición y adquisición de la marca comunitaria — Motivos de denegación relativos — Oposición del titular de una marca anterior idéntica o similar registrada para productos o servicios idénticos o similares [Reglamento (CE) nº 40/94 del Consejo, art. 8, ap. 1, letra b)] (véanse los apartados. 30, 38 y 45) Objeto
Recurso interpuesto contra la resolución de la Primera Sala de Recurso de la OAMI de 12 de noviembre de 2003 (asuntos R 419/2001‑1 y R 530/2001‑1), relativa a un procedimiento de oposición entre el Sr. Jesús Gómez Frías y Eurodrive Services and Distribution NV.
Datos relativos al asunto
Solicitante de la marca comunitaria:
Sr. Jesús Gómez Frías
Marca comunitaria solicitada:
Marca figurativa «EUROMASTER» para servicios de las clases 39 y 41 — Solicitud nº 728.295
Titular de la marca o del signo invocados en oposición:
Eurodrive Services and Distribution NV
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