ECLI:EU:T:2007:143

Judgment of the Court of First Instance (Third Chamber) of 16 May 2007 – Trek Bicycle v OHIM – Audi (ALLTREK) (Case T-158/05) Community trade mark – Opposition proceedings – Application for the Community word mark ALLTREK – Earlier national word mark TREK – Relative ground for refusal – No likelihood of confusion – No similarity of goods – Article 8(1)(b) of Regulation (EC) No 49/04 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 83-84) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2005 (Case R 587/2004-4) relating to Opposition Proceedings between Trek Bicycle Corp. and Audi AG. Information relation to the case Applicant for the Community trade mark: Audi AG Community trade mark sought: Word mark ALLTREK for goods in Classes 9, 12 and 42 – Application No 1910256 Proprietor of the mark or sign cited in the opposition proceedings: Trek Bicycle Corp. Mark or sign cited in opposition: German Word mark TREK for goods in Classes 6, 9, 11, 12 and 21 – Application No 2092896 Decision of the Opposition Division: Opposition dismissed in part Decision of the Board of Appeal: Appeal dismissed Operative part The Court: Dismisses the action; Orders the applicant to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs); Orders the intervener to bear its own costs.