Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 27 November 2007 – Gateway v OHIM – Fujitsu Siemens Computers (ACTIVY
Media Gateway)**

**(Case T-434/05)**

Community trade mark – Opposition proceedings – Application for the Community word mark ACTIVY Media Gateway – Earlier Community and national word and figurative marks Gateway and GATEWAY – Relative grounds for refusal – No likelihood of confusion – Absence of similarity between the signs – Article 8(1)(b) of Regulation (EC) No 40/94 – Article 8(5) of Regulation 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 50-51)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1068/2004‑1), relating to opposition proceedings between Fujitsu Siemens Computers GmbH and Gateway, Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Fujitsu Siemens Computers GmbH |
| Community trade mark sought: | Word mark ACTIVY Media Gateway for goods and services in Classes 9, 35, 38 and 42 – Application No 2190627 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Gateway, Inc. |
| Mark or sign cited in opposition: | Community and national word marks and figurative marks GATEWAY, GATEWAY 2000, GATEWAY.NET, GATEWAY PROFILE and GATEWAY ASTRO, for goods and services in Classes 9, 16, 35, 36, 37 and 38 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Gateway, Inc., to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs). |

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