ECLI:EU:T:2006:370

Judgment of the Court of First Instance (Third Chamber) of 30 November 2006 – Camper v OHIM – JC (BROTHERS by CAMPER) (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: Camper, SL 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.