CELEX: 62005TJ0434
Community trade mark
Opposition proceedings
Application for the Community word mark ACTIVY Media Gateway
Earlier Community and national word and figurative marks Gateway and GATEWAY
Relative grounds for refusal
No likelihood of confusion
Absence of similarity between the signs
Article 8(1)(b) of Regulation (EC) No 40/94
Article 8(5) of Regulation No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1068/2004‑1), relating
to opposition proceedings between Fujitsu Siemens Computers GmbH and Gateway, Inc.
Information relating to the case
Applicant for the Community trade mark:
Fujitsu Siemens Computers GmbH
Community trade mark sought:
Word mark ACTIVY Media Gateway for goods and services in Classes 9, 35, 38 and 42 – Application No 2190627
Proprietor of the mark or sign cited in the opposition proceedings:
Gateway, Inc.
Mark or sign cited in opposition:
Community and national word marks and figurative marks GATEWAY, GATEWAY 2000, GATEWAY.NET, GATEWAY PROFILE and GATEWAY ASTRO,
for goods and services in Classes 9, 16, 35, 36, 37 and 38
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Gateway, Inc., to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade
Marks and Designs).