Judgment — ECLI:EU:T:2007:94
Date: 2007-03-22
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the Court of First Instance (Fifth Chamber) of 22 March 2007 – Brinkmann v OHIM – Terra Networks (Terranus) (Case T‑322/05) Community trade mark – Opposition proceedings – Application for Community work mark Terranus – Earlier Community and national figurative mark terra – Relative ground for refusal – Likelihood of confusion – Similar goods and services – Art. 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 36-39, 41) Re: 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: 1. Dismisses the action; 2. Orders the applicant to pay the costs.