Judgment of the Court of First Instance of 26 January 2006 - Volkswagen v OHIM
(Community trade mark - Opposition proceedings - Application for Community word mark Variant - Earlier national word mark DERBIVARIANT - Refusal of registration by the Board of Appeal - Likelihood of confusion - Articles 74(1) and 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: German
Parties:
Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: S. Risthaus, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Weberndörfer and G. Schneider, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Nacional Motor, SA (Martorelles, Spain)
Action
brought against the decision of the Fourth Board of Appeal of OHIM of 17 June 2003 (Case R 610/2001-4) relating to opposition proceedings between Nacional Motor, SA and Volkswagen AG.
Operative part of the judgment
The Court:
1. Sets aside paragraph 2 of the operative part of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM) of 17 June 2003 in so far as it dismisses the application for registration as a Community trade mark of the word sign Variant for goods and services other than those in Classes 7, 12 and 37.
2. Dismisses the remainder of the action.
3 Orders the applicant to pay the costs.
____________1 - OJ C 304 of 13.12.2003.