(Case T-31/04)

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

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 30, 38, 45)

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.

Information relating to the case:

Applicant for the Community trade mark:

Mr Jesús Gómez Frías

Community trade mark sought:

Figurative mark ‘euroMASTER’ – Application No 728.295 for services in Classes 39 and 41)

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

Mark or sign cited in opposition:

Spanish, French, Austrian, Benelux, Danish, Finnish, English, Greek, Irish, Italian, Portuguese and Swedish word marks ‘EUROMASTER’, for goods and services in Classes 12, 16 and 37

Decision of the Opposition Division:

The opposition was allowed as regards the services in Class 39 and rejected as regards the services in Class 41

Decision of the Board of Appeal:

Rejection of the appeal brought by the applicant

Operative part

The Court:

1.Dismisses the action;

2.Orders the applicant to pay the costs.