(Case T-202/03)

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

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 49, 51)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 24 March 2003 (Case R 711/2002-1) relating to opposition proceedings between Alecansan, SL, and CompUSA Management Co.

Information relating to the case:

Applicant for the Community trade mark:

CompUSA Management Co.

Community trade mark sought:

Figurative mark ‘COMP USA’ – Application No 2.133.202 for goods in Classes 9 and 37 (computer hardware and software)

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

Mark or sign cited in the opposition proceedings:

English figurative mark ‘COMP USA’, for goods in Class 39 (transport)

Decision of the Opposition Division:

Dismissal of the opposition

Decision of the Board of Appeal:

Dismissal of the appeal

Operative part

The Court:

1.Dismisses the action;

2.Orders the applicant to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

3.Orders the intervener to pay its own costs.