(Case T-43/05)

Community trade mark – Opposition proceedings – Application for Community figurative trade mark BROTHERS by CAMPER – Earlier national figurative trade marks BROTHERS – Inadmissibility – Relative ground for refusal – 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 86-88, 91)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 November 2004 (Case R 170/2004-1), relating to opposition proceedings between JC AB and Camper SL.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark BROTHERS by CAMPER, for goods and services in Classes 18, 25 and 39 – Application No 1954601

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

JC AB

Mark or sign cited in opposition:

Swedish, Finnish and Danish figurative mark BROTHERS for goods in Class 25

Decision of the Opposition Division:

Rejection of the opposition in so far as based on the earlier Swedish mark; opposition allowed for some of the products in dispute in so far as based on the Danish and Finnish marks

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

Dismisses the action;

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

Orders the intervener to bear its own costs.