Source: EURLEX
Language: en
Format: md

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| 12.11.2005 | EN | Official Journal of the European Union | C 281/26 |

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Action brought on 18 August 2005 — Carsten Brinkmann v OHIM

(Case T-322/05)

(2005/C 281/48)

Language of the case: German

Parties

Applicant(s): Carsten Brinkmann (Cologne, Germany) (representative: K.Van Bebber, lawyer)

Defendant: Office for Harmonisation within the Internal Market (Trade Marks and Designs)

Other party(ies) to the proceedings before the Board of Appeal: Terra Networks SA (Madrid, Spain)

Forms of order sought by the claimant(s)

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| — | annulment of Decision No 646/2004 of the Office for Harmonisation of 29 October 2004 in the form of the decision of the Board of Appeal of 10 June 2005 (R 1145/2004-1), together with an order for costs in its favour; |

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| — | dismissal of the opposition of Terra Networks SA of 12 April 2002 (Opposition proceedings B 502 676), together with an order for costs in its favour, and |

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| — | registration of the word mark ‘Terranus’ (2 061 968), as applied for on 29 January 2001, for goods and services in Class 36 ‘Insurance; financial affairs; monetary affairs; real estate affairs’. |

Pleas in law and main arguments

Applicant for the Community trade mark: the claimant

Community trade mark affected: The word mark ‘Terranus’ in respect of goods in Class 36 (Application No 1 739 697).

Owner of the opposing mark or sign in the opposition proceedings: Terra Networks SA.

Opposing mark or sign: The figurative mark ‘TERRA’ for goods and services in Class 36 (Community mark No 1 332 691), and Spanish mark No 2 261 483).

Decision of the Opposition Division: Dismissal of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas: There is no likelihood of confusion as between the opposing marks.

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