Judgment of the Court of First Instance of 7 February 2006 - Alecansan v OHIM
(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark COMP USA - Earlier national figurative mark COMP USA - Lack of similarity of the goods and services - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: English
Parties:
Applicant: Alecansan, SL (Madrid, Spain) (represented by: M. Baylos Morales, P. Merino Baylos, J. Arribas García, A. Velázquez Ibáñez and A. Angulo Lafora, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and A. Folliard-Monguiral, Agents)
Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: CompUSA Management Co. (Dallas, United States) (represented by: P. Brownlow, Solicitor)
Action
brought against the decision of the First Board of Appeal of OHIM of 24 March 2003 (Case R 711/2002-1) relating to the opposition proceedings between Alecansan, SL, and CompUSA Management Co.
Operative part of the judgment
The Court:
Dismisses the action;
Orders the applicant to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs);
Orders the intervener to pay its own costs.
____________1 - OJ C 184, 2.8.2003.