Case C-212/07: Order of the Court (Sixth Chamber) of 13 February 2008 — Indorata-Serviços e Gestão, Ld a v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word mark HAIRTRANSFER — Refusal of registration — Lack of distinctive character)
Date: 2008-02-13
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), appeal, cosmetics industry, service, toiletries, trade-mark law

C 128/16

EN

Official Journal of the European Union

24.5.2008

2. The Comunidad Autónoma de Valencia — Generalidad Valenciana

is ordered to pay the costs.

Order of the Court (Fifth Chamber) of 15 February 2008
— Carsten Brinkmann v Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(1) OJ C 261, 28.10.2006.

(Case C-243/07) (1)

(Appeal — Community trade mark — Article 8(1)(b) of
Regulation (EC) No 40/94 — Likelihood of confusion —
Word sign ‘terranus’ — Refusal of registration)

the Court

Order of
(Sixth Chamber) of 13 February
2008 — Indorata-Serviços e Gestão, Lda v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)

(Case C-212/07) (1)

trade mark — Word mark
(Appeal — Community
HAIRTRANSFER — Refusal of registration — Lack of
distinctive character)

Parties

(2008/C 128/27)

Language of the case: German

(2008/C 128/26)

Language of the case: German

Appellant: Carsten Brinkmann (represented by: K. van Bebber,
Rechtsanwältin)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: G.
Schneider, acting as Agent), Terra Networks SA

Parties

Appellant:
Wallentin, lawyer)

Indorata-Serviços e Gestão, Lda

(represented by: T.

Re:

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: J.
Weberndörfer, acting as Agent)

Re:

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 15 February 2007 in Case T-204/04 Indorata-
Serviços e Gestão, Lda v OHIM, by which the Court of First
Instance dismissed the action for annulment of the decision
the word mark HAIRTRANSFER for
refusing registration of
goods and services in Classes 8, 22, 41 and 44 — Distinctive-
ness of the mark

Operative part of the order

1. The appeal is dismissed.

goods

in Class 36)

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 22 March 2007 in Case T 322/05 Brinkmann v
OHIM — Terra Networks (Terranus) dismissing the action brought
by the applicant for the Community word mark ‘TERRANUS’
(for
annulment of Decision
R 1145/2004-1 of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (OHIM) of 10 June 2005,
by which the appeal against the decision of the Opposition Divi-
sion to refuse registration of the mark was dismissed in opposi-
tion proceedings brought by the holder of the Community trade
mark and national figurative mark ‘TERRA’ for goods in Class 36
— Likelihood of confusion between the two marks

for

Operative part of the order

1. The appeal is dismissed.

2. Indorata-Serviços e Gestão, Lda is ordered to pay the costs.

2. Mr Brinkmann is ordered to pay the costs.

(1) OJ C 155, 7.7.2007.

(1) OJ C 199, 25.8.2007.