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6.5.2006 |
EN |
Official Journal of the European Union |
C 108/19 |
Judgment of the Court of First Instance of 15 March 2006 — Eurodrive v OHIM
(Case T-31/04) (1)
(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)
(2006/C 108/32)
Language of the case: Spanish
Parties
Applicant: Eurodrive Services and Distribution NV (Amsterdam, the Netherlands) (represented by: E. Chávarri and A. Pérez-Gómez, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Jesús Gómez Frías (Madrid, Spain)
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
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders the applicant to pay the costs. |