Judgments (Information) nº T-31/04 of Court of First Instance of the European Communities, March 15, 2006
Resolution Date | March 15, 2006 |
Issuing Organization | Court of First Instance of the European Communities |
Decision Number | 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)
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...
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