CELEX: 62004TJ0172
Community trade mark
Opposition proceedings
Application for the figurative Community trade mark emergia
Earlier word Community trade mark EMERGEA
Likelihood of confusion
Refusal to register
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION for annulment of the decision of the First Board of Appeal of OHIM of 12 March 2004 (Case R 676/2002-1) relating to
opposition proceedings between David Branch and Telefónica, SA.
Information relating to the case
Applicant for the Community trade mark:
Telefónica, SA
Community trade mark sought:
Figurative mark emergia for goods and services in Classes 9, 38 and 42 – Application No 1694157
Proprietor of the mark or sign cited in the opposition proceedings:
David Branch
Mark or sign cited in opposition:
Community word mark EMERGEA for goods and services in Class 38
Decision of the Opposition Division:
Opposition upheld in part in so far as concerning ‘telecommunications and  communications by computer networks’ in Class 38
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

Dismisses the action;

Orders the applicant to pay the costs.