Source: EURLEX
Language: en
Format: md

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

**(Case T-172/04)**

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

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 74-75, 82)

**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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Telefónica, SA |
| Community trade mark sought: | Figurative mark emergia for goods and services in Classes 9, 38 and 42 – Application No 1694157 |
| Proprietor of the mark or sign cited in the opposition proceedings: | David Branch |
| Mark or sign cited in opposition: | Community word mark EMERGEA for goods and services in Class 38 |
| Decision of the Opposition Division: | Opposition upheld in part in so far as concerning ‘telecommunications and communications by computer networks’ in Class 38 |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

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

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