Judgment of the Court of First Instance (Third Chamber) of 16 May 2007 – Trek Bicycle v OHIM – Audi (ALLTREK)
(Case T-158/05)
Community trade mark – Opposition proceedings – Application for the Community word mark ALLTREK – Earlier national word mark TREK – Relative ground for refusal – No likelihood of confusion – No similarity of goods – Article 8(1)(b) of Regulation (EC) No 49/04
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 83-84)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2005 (Case R 587/2004-4) relating to Opposition Proceedings between Trek Bicycle Corp. and Audi AG.
Information relation to the case
Applicant for the Community trade mark:
Audi AG
Community trade mark sought:
Word mark ALLTREK for goods in Classes 9, 12 and 42 – Application No 1910256
Proprietor of the mark or sign cited in the opposition proceedings:
Trek Bicycle Corp.
Mark or sign cited in opposition:
German Word mark TREK for goods in Classes 6, 9, 11, 12 and 21 – Application No 2092896
Decision of the Opposition Division:
Opposition dismissed in part
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
Dismisses the action;
Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs);
Orders the intervener to bear its own costs.
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