Judgment of the Court of First Instance of 24 November 2005 - GfK AG v OHIM
(Community trade mark - Application for the Community word mark Online Bus - Earlier figurative trade mark composed of the word 'BUS' and a figure made up of three interlaced triangles - Genuine use of the earlier mark - Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC) No 40/94 - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94)
Language of the case: German
Parties:
Applicant(s): GfK AG (Nuremberg, Germany) (represented by: U. Brückmann and R. Lange, lawyers)
Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: T. Lorenzo Eichenberg, Agent)
Other party or parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: BUS - Betreuungs- und Unternehmensberatungs GmbH, (Munich, Germany)
Action
brought against the decision of the First Board of Appeal of OHIM of 4 February 2004 (Case R 327/2003-1), relating to opposition proceedings brought by the owner of a German figurative mark, composed of the word 'BUS' and a figure made up of three interlaced triangles, against the registration of the Community word mark Online Bus for services in Class 35
Operative part of the judgment
The Court:
1. Dismisses the application;
2. Orders the applicant to pay the costs.
____________1 - OJ C 190, 24.7.2004.