ECLI:EU:T:2006:44

Judgment of the Court of First Instance (First Chamber) of 7 February 2006 − Alecansan v OHIM (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: Alecansan, SL 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.