CELEX: 62005TJ0322
Community trade mark
Opposition procedure
Application for Community work mark Terranus
Earlier Community and national figurative mark terra
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 10 June 2005 (Case R 1145/2004-1) relating to
opposition proceedings between Terra Networks, SA and Carsten Brinkmann.
Information relating to the case
Applicant for the Community trade mark:
Carsten Brinkmann
Community trade mark sought:
Word mark Terranus for goods and services in class 36 – Application No 2061968
Proprietor of the mark or sign cited in the opposition proceedings:
Terra Networks, SA
Mark or sign cited in opposition:
Figurative brand terra for goods and services in class 36 (Community mark No 1332691, as well as Spanish mark No 2261483)
Decision by the Opposition Division:
Application dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

Dismisses the action;

Orders the applicant to pay the costs.