Source: EURLEX
Language: en
Format: md

**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:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the action; |

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

[Top](#document1)