Source: EURLEX
Language: en
Format: md

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| 2.12.2006 | EN | Official Journal of the European Union | C 294/44 |

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Judgment of the Court of First Instance of 27 September 2006 — Telefónica v OHIM — Branch (emergia)

(Case T-172/04)[(1)](#ntr1-C_2006294EN.01004402-E0001)

(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)

(2006/C 294/93)

Language of the case: Spanish

Parties

Applicant: Telefónica, SA (Madrid, Spain) (represented by: A. Sirimarco, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Laporta Insa, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: David Branch (Reading, United Kingdom) (represented by: initially, C. Berenguer Marsal, and subsequently, I.M. Barroso Sánchez-Lafuente and M.C. Trullols Durán, lawyers)

Re:

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant to pay the costs. |

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