(Case T-158/05)

Community trade mark – Opposition proceedings – Application for the Community word mark ALLTREK – Earlier national word mark TREK – Relative ground for refusal – No likelihood of confusion – No similarity of goods – Article 8(1)(b) of Regulation (EC) No 49/04

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 83-84)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2005 (Case R 587/2004-4) relating to Opposition Proceedings between Trek Bicycle Corp. and Audi AG.

Information relation to the case

Applicant for the Community trade mark:

Audi AG

Community trade mark sought:

Word mark ALLTREK for goods in Classes 9, 12 and 42 – Application No 1910256

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition:

German Word mark TREK for goods in Classes 6, 9, 11, 12 and 21 – Application No 2092896

Decision of the Opposition Division:

Opposition dismissed in part

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

Dismisses the action;

Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

Orders the intervener to bear its own costs.