Language of document :

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)

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:

1.    Dismisses the action;

2.    Orders the applicant to pay the costs.

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1 - OJ C 190, 24.7.2004.