ECLI:EU:T:2006:81

Judgment of the Court of First Instance (First Chamber) of 15 March 2006 – Eurodrive Services and Distribution v OHIM − Gómez Frías (euroMASTER) (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: Eurodrive Services and Distribution NV 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.