Source: EURLEX
Language: en
Format: md

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| 1.10.2005 | EN | Official Journal of the European Union | C 243/12 |

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Appeal brought on 8 August 2005 by TeleTech Holdings, Inc. against the judgment delivered on 25 May 2005 by the Second Chamber of the Court of First Instance of the European Communities in Case T-288/03 between TeleTech Holdings, Inc. and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), (intervener: TeleTech International, S.A.)

(Case C-312/05 P)

(2005/C 243/20)

Language of the case: Spanish

An appeal against the judgment delivered on 25 May 2005 by the Second Chamber of the Court of First Instance of the European Communities in Case T-288/03 between TeleTech Holdings, Inc. and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), (intervener: TeleTech International, S.A.), was brought before the Court of Justice of the European Communities on 8 August 2005 by TeleTech Holdings, Inc, represented by E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers.

The appellant claims that the Court should set aside the judgment under appeal and uphold its claims.

Grounds of appeal and main arguments

This appeal is founded on two grounds of appeal:

The first ground of appeal is based on the premiss that the Court of First Instance infringed Article 52 of Regulation No 40/94[(1)](#ntr1-C_2005243EN.01001201-E0001) (in conjunction with Article 8(1)(b) of that regulation) by having misinterpreted that provision in breach of the principle of coexistence and equivalence between Community marks and national marks. This ground of appeal further complains of an infringement, also on account of incorrect interpretation, of Article 74 of Regulation No 40/94 and of the appellant's rights of defence.

The second ground of appeal alleges that the Court of First Instance's interpretation of Article 8(1)(b) Regulation No 40/94 is vitiated by an error of law resulting from the Court's incorrect application of the test relating to the perception of the relevant public when assessing the likelihood of confusion between the conflicting marks.

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